The terms set forth below regulate the use of the services offered by EBRAINZ COMUNICAÇÃO E MARKETING LTDA and FISHFIRE COMUNICAÇÃO E EVENTOS LTDA – EPP., which are limited liability companies registered normally in the National Registry of Legal Entities of the Ministry of Finance – CNPJ / MF under numbers 27.156.325 / 0001-14 and 17.258.993 / 0001-07, and headquartered in this city at Avenida Paulista, 2.202 – Bela Vista – CEP 01.310-300, and Bento de Andrade Street, 660 – Jardim Paulista – CEP 04503-001, respectively, by means of the website www.goforgaming.com.br, hereinafter “GO FOR GAMING.”
1.1. In these TERMS, unless expressly provided otherwise, the expressions in capital letters, whether in the singular or plural, shall have the meanings specified below:
ADVERTISEMENT: Means any offer posted on GO FOR GAMING; PERSONAL DATA: Means all personally identifiable information entered by the USER while using GO FOR GAMING;
SOLICITOR: Means the person who is browsing the www.goforgaming.com.br website or who is interested in registering on the GO FOR GAMING PARTNER PLATFORMS;
PARTNER PLATFORMS: KICKANTE is a partner platform of GO FOR GAMING and will be responsible for collaborative fundraising, commonly known as “crowdfunding”;INGRESSE is a partner platform of GO FOR GAMING and will be responsible for the sale of tickets for the event to be held on December 22nd, 2018.
TRANSACTION: Refers to the interest in acquiring one of the donation packages or tickets that will be made available on PARTNERSHIP PLATFORMS through GO FOR GAMING;
EBRAINZ, ESL, and FISHFIRE: These are companies responsible for the www.goforgaming.com.br website, for this year, 2018.
USERS: Refer people who have registered through the GO FOR GAMING website or PARTNER PLATFORMS;
BENEFICIARIES: Are entities identified by GO FOR GAMING that will receive the donations made by the USERS;
DONATIONS: Are the amounts paid by the USER that will be transferred to the BENEFICIARY previously identified by GO FOR GAMING.
(i) Navigation on the website www.goforgaming.com.br and declarations of exemptions of responsibilities of GO FOR GAMING and its management.
(ii) Sale of tickets for the event on the PARTNER PLATFORM INGRESSE.
(iii) Provision of the services of the PARTNER PLATFORM KICKANTE for the collection of donations for the project.
3.1. GO FOR GAMING may change, at any time and without prior knowledge of the USERS, these TERMS, with the purpose of their improvement or the improvement of the services provided. The new TERMS will become valid 10 (ten) days after being published by GO FOR GAMING, so long as a different date of validity is not specified in the new TERMS.
3.2. Within 30 (thirty) days from the publication of the modifications, the USER must contact firstname.lastname@example.org by e-mail if he/she does not agree with the altered TERMS. In this case, the contractual bond will cease to exist, as long as there are no outstanding accounts or debts. If there is no manifestation within the stipulated period, it will be understood that the USER has accepted the new Terms and Conditions of use and the contract will continue to bind the Parties.
3.3. GO FOR GAMING will keep the updated version of these TERMS on GO FOR GAMING through the address www.goforgaming.com.br. The TERMS can be consulted at any time at the aforementioned address.
4. REGISTRATION ON GO FOR GAMING
4.1. The services provided by GO FOR GAMING and PARTNERSHIP PLATFORMS are available only to persons who have the legal capacity to use them under the stipulations of civil law. They must be on the Individual Taxpayers’ Registry (“CPF / MF”) and they must possess a valid e-mail address.
4.2. You may not use the services provided by GO FOR GAMING or the PARTNERSHIP PLATFORMS for donations or for the purchase of tickets if you are a person who does not enjoy this capacity. This includes minors or persons whose accounts have been temporarily or permanently banned by GO FOR GAMING. Such USERS will be warned of the legal sanctions – namely those stipulated in the articles 166, item I; 171, item I; and 180 of Federal Law No. 10.406/02 (“Civil Code”).
4.3. Legal Entities, duly registered with the CNPJ / MF, may also register on the PARTNER PLATFORMS through GO FOR GAMING. They may do this through their legal representatives, using a valid e-mail addresses.
4.4. The services provided will be charged according to the fees established by the PARTNER PLATFORMS.
4.7. The SOLICITING party must provide precise, accurate, and true information and commits to updating their PERSONAL DATA whenever any change occurs.
4.9. The information inserted in the registrations on PARTNER PLATFORMS is the sole responsibility of the INTERESTED parties, and GO FOR GAMING is not responsible for the correction or verification of PERSONAL DATA.
4.10. USERS guarantee and vouch for, in any case, civil or criminal, the truthfulness, accuracy, and authenticity of the PERSONAL DATA supplied.
4.11. Notwithstanding the provisions of Clause 4.10. above, GO FOR GAMING, at any time and at its sole discretion, may verify the PERSONAL DATA – being able to, for this purpose, request documents or declarations from the USERS.
4.12. The USER may, at any time, request the exclusion of his or her registration on the GO FOR GAMING PARTNERSHIP PLATFORMS. To do so, you should send a request through the contact e-mail addresses of both platforms and respect their deadlines and unsubscribe policies.
5. DESCRIPTION OF SERVICE PROVIDED BY GO FOR GAMING
5.1. GO FOR GAMING is a movement struggling for the cause of gamers and a charity campaign with 5 months of fundraising, from August to December 2018, ending with an event on December 22, 2018.
6. PURCHASES ON GO FOR GAMING
6.1. The USER agrees to be responsible for his own use of the service, for any purchases or postings that he makes, and for any consequences thereof.
6.2. GO FOR GAMING recommends that every transaction be conducted with caution and common sense, and the USER must evaluate the risks of the TRANSACTIONS.
7. SALES POLICIES
7.1. All sales or donations made by GO FOR GAMING PARTNERSHIP PLATFORMS are billed by the platforms themselves. GO FOR GAMING is not responsible for any type of mediation in this process.
7.2. The commission owed by the USER to the PARTNERSHIP PLATFORMS from the sales or donations made will be retained by the platforms at the time of payment at the request by the USER, with GO FOR GAMING not being responsible for any mediation in that process.
8. FORMS OF PAYMENT AND RECEIPTS FOR THE USERS
8.1. Sales generated through GO FOR GAMING are managed by PARTNERSHIP PLATFORMS.
8.2. KICKANTE is a portal that organizes fundraising for projects and new product development collaboratively, a process commonly known as “crowdfunding.”
8.3. INGRESSE is an online ticket sales platform that will conduct the sale of the GO FOR GAMING event tickets for the event on December 22, 18.
8.4. The responsibility for carrying out the financial transactions shall rest exclusively on the PARTNERSHIP PLATFORMS in accordance with the rules and limitations of said service, which shall be outlined in the General Terms and Conditions of Use of the respective websites.
8.5. The USER is aware that the amounts charged for the use of PARTNER PLATFORMS may change at any time, at the sole discretion of the platforms, and GO FOR GAMING is not responsible for such changes.
9. SALES RESPONSIBILITIES
9.1. The USERS shall be responsible for all activities that occur with their USER name on PARTNER PLATFORMS, and for maintaining the security of their password, stating, first, that they understand and agree that the service is provided to USERS in an as-is manner and based on availability.
9.2. GO FOR GAMING reserves the right to modify, suspend, or terminate the service with or without prior notice.
9.3. GO FOR GAMING is not responsible for technical and/or operational defects or defects arising from the systems of PARTNER PLATFORMS or third parties.
9.4. GO FOR GAMING is not responsible for the tax obligations that affect the TRANSACTIONS made between the USER and the PARTNERSHIP PLATFORMS.
9.5. GO FOR GAMING shall not be liable for any damage, injury, or loss suffered by the USER due to internet failures, the system, or the server used by the USER, or those resulting from third-party conduct, fortuitous events, or force majeure. GO FOR GAMING will not be responsible for any virus that might attack the equipment of the user due to access, use or browsing the internet or as a result of the transfer of data, files, images, text, videos or audio files.
9.6. The USER will indemnify EBRAINZ, ESL, and FISHFIRE, their subsidiaries, affiliates, directors, officers, employees, and representatives for their non-compliance with these TERMS and other policies of GO FOR GAMING, or for violation of any law or rights of third parties, including attorneys’ fees.
9.7. Without prejudice to other measures, GO FOR GAMING may, at any time, and at its sole discretion, temporarily warn, suspend, or cancel the registration of a USER, suspending the provision of its services if:
(i) The USER violates the provisions in these TERMS;
(ii) The USER breaches his or her USER duties;
(iii) The USER engages in fraudulent or malicious activities;
(iv) the identity of the USER cannot be verified, or it is found that any information provided by the USER is incorrect;
10. PRIVACY AND CONFIDENTIALITY POLICY
10.1. By browsing GO FOR GAMING and PARTNER PLATFORM websites, the USER and/or visitor tacitly consents to the use of his/her personal information in accordance with the rules of these TERMS.
10.2. EBRAINZ, ESL, and FISHFIRE automatically collect and store information on the activity of GO FOR GAMING USERS and visitors. Such information including the URL from which they came (whether it is from GO FOR GAMING itself or not), the URLs they have followed (whether from GO FOR GAMING itself or not), the browser they use at the time of access, their IPs addresses, pages visited, searches made, advertisements, purchases, or sales, qualifications, replicas inserted, or messages in forums, among other information, may be stored and retained.
10.3. GO FOR GAMING will be able to collect and store the PERSONAL DATA of the USERS.
10.4. In order to provide quality service, GO FOR GAMING USERS may carry out operations swiftly and safely. GO FOR GAMING, through its PARTNER PLATFORMS, requires certain personal information, including an e-mail address. The collection of this information allows us to offer USERS services and features that may be best suited to their needs, as well as to customize our services.
10.5. PERSONAL DATA requested by GO FOR GAMING, through its PARTNER PLATFORMS, is collected for the following purposes: (i) To develop internal studies on the interests, behaviors and demographics of USERS so as to better understand their needs and interests and to offer better services or provide them related information; (ii) Improve our commercial and promotional initiatives and analyze the pages visited, searches performed by USERS, for improving our offers of content and products, to personalize content, presentation, and services. Send information or e-mail messages about new services, display advertisements, promotions, or banners of interest to our users and to provide news about GO FOR GAMING, aside from the information expressly authorized in the preferences section. The USER may request to be excluded from the lists for sending promotional or advertising information by sending an e-mail to email@example.com;
(iii) The winners of the promotions and/or contests carried out by GO FOR GAMING expressly authorize the disclosure of the names, PERSONAL DATA, and images, as well as those of their families, by the means and in the forms specified in the rules for each promotion/contest, for the purposes of advertising and/or promotional activities, without compensation of any kind;
(iv) Share PERSONAL DATA (including e-mail address) with service providers or outsourcing companies that contribute to improving or facilitating operations for GO FOR GAMING, such as, but not limited to: payment management, call centers, or loyalty programs, among others; and
(v) Provide the PERSONAL DATA of the USERS to entities that intervene in the resolution of disputes with the PARTNER PLATFORMS, such as: Arbitration Courts or courts competent to resolve such disputes.
10.6. EBRAINZ, ESL, and FISHIFIRE shall ensure that certain privacy standards for the PERSONAL DATA of GO FOR GAMING USERS are met. Notwithstanding the foregoing, GO FOR GAMING shall not be responsible for the improper use of the PERSONAL DATA of the USER made by third parties.
10.7. In some cases, these service providers will collect information directly from the USER (for example, if we ask them to conduct surveys or studies). In such cases, the USER will receive a notification regarding the participation of a service provider in such activities, with the information the USER wishes to make available and the additional uses that the providers decide to undertake being at the USER’s discretion.
10.8. For the purpose of facilitating, by our initiative, additional information to said service providers directly, they will use the information in accordance with their own privacy policies.
10.9. If GO FOR GAMING decides to disclose or share PERSONAL DATA with third parties who are not service providers or companies affiliated with or related to GO FOR GAMING, we will require the appropriate consent of the USER.
10.11. Once registered in the system, GO FOR GAMING will not sell, rent or share PERSONAL DATA, except in the ways established herein.
10.12. GO FOR GAMING is committed to doing everything in its power to protect the privacy of information.
10.13. By virtue of court orders or legal provisions, GO FOR GAMING may be compelled to disclose information to the authorities or third parties, in which case GO FOR GAMING will not be liable for any information that may be revealed.
10.14. The USER and the GO FOR GAMING visitor expressly acknowledge and agree that a tracking system may be used by means of cookies. Cookies are small files that are installed on the hard drive, with a limited time duration, that help personalize services.
10.16. The information obtained through cookies will also be used to analyze the pages navigated by the visitor or USER, the searches made, improve commercial and promotional initiatives, show advertising or promotions, banners of interest, news about GO FOR GAMING, optimize the offer of contents and goods, and to personalize such content, presentations, and services.
10.17. Cookies will also be used to promote and enforce the rules and security of GO FOR GAMING, and GO FOR GAMING may add cookies in the e-mails you send to measure the effectiveness of promotions.
10.18. Cookies are always used for the benefit of the USER who receives them and will not be used for purposes other than the operation of GO FOR GAMING.
10.19. The installation, permanence, and existence of cookies on the USER’s computer depend on the USER’s own volition and can be deleted from the USER’s computer when the USER wishes.
10.20. In addition, cookies or other similar systems installed by third parties may be found on certain GO FOR GAMING pages, such as the pages created by our PARTNER PLATFORMS.
10.22. A Web beacon is an electronic image, also called semgle-pixel (1 x 1) or transparent pixel, which is placed in the code of a web page. A Web beacon has purposes similar to those of cookies as mentioned above.
11. In addition, a Web beacon is used to measure USER traffic patterns from one page to another in order to maximize the flow of traffic through the web. The USER and the visitor to GO FOR GAMING hereby acknowledge and agree that GO FOR GAMING may use a tracking system by means of Web beacons.
11.1. GO FOR GAMING cooperates with competent authorities and third parties to ensure compliance with laws, especially with regard to the protection of industrial and intellectual property rights, fraud prevention, and others.
11.2. EBRAINZ, ESL, and FISHFIRE may disclose the GO FOR GAMING USERS’ PERSONAL DATA to meet the requirements of competent judicial or governmental authorities for the purposes of investigations conducted by them.
11.3. EBRAINZ, ESL, and FISHFIRE may disclose any PERSONAL DATA on GO FOR GAMING USERS for the purpose of complying with applicable laws and cooperating with the competent authorities for any investigation on infringement of industrial or intellectual property rights or other activity that is unlawful or that may expose EBRAINZ, ESL, and FISHFIRE or GO FOR GAMING USERS, directors, employees or agents to any legal responsibility.
11.4. EBRAINZ, ESL, and FISHFIRE reserve the right to convey USERS’ PERSONAL DATA to other GO FOR GAMING USERS, entities, or third parties, when there are sufficient grounds to consider that the activity of a USER is suspected of attempting or committing a crime or injury to others. This right shall be exercised by EBRAINZ, ESL, and FISHFIRE when deemed appropriate or necessary to maintain the integrity and security of the Community and the GO FOR GAMING USERS, as well as to enforce these GO FOR GAMING TERMS and other policies and to cooperate with authorities and law enforcement.
11.5. GO FOR GAMING is obliged to comply with all applicable standards regarding the security measures of PERSONAL DATA, and to this end employs the most advanced industry standards for the protection of the confidentiality of personal information, including, among other measures, firewalls and Secure Socket Layers (“SSL”).
11.6. EBRAINZ, ESL, and FISHFIRE consider GO FOR GAMING USERS’ PERSONAL DATA to be valuable assets that must be protected from unauthorized loss, access, or disclosure.
11.7. EBRAINZ, ESL, and FISHFIRE employ various security techniques to protect such PERSONAL DATA, not authorizing its use by USERS inside or outside the company. Still, it is necessary to acknowledge that total security does not exist on the internet. Therefore, EBRAINZ, ESL, and FISHFIRE shall not be liable for illegal interception or breach of their systems or databases by unauthorized persons, nor shall they be liable for the improper use of the information obtained by such means.
11.8. All PERSONAL DATA of the USERS are stored in automated PERSONAL DATA files.
11.9. GO FOR GAMING endeavors to take the necessary measures to maintain the confidentiality and security of the information, but it shall not be liable for any damages caused by breach of the security and confidentiality measures by third parties using public or the internet, subverting security systems to access user information.
11.20. The use of any device, software, or other resource that interferes with the activities and operations of GO FOR GAMING, or in its advertisements, descriptions, accounts, or databases, is not allowed. Any attempted interception or activity that violates or contravenes intellectual property law and/or the prohibitions stipulated in these TERMS shall make the person responsible liable to the relevant legal actions, as well as the sanctions provided herein, and shall be liable for indemnities for damages.
11.21. The USER acknowledges that GO FOR GAMING holds all rights, titles, and interest in the service, including all intellectual property rights. The rights of GO FOR GAMING are protected by national and international intellectual property laws. Therefore, the USER or visitor agrees not to copy, reproduce, alter, modify or create products or services derived from the service.
11.22. You further agree that you will not use any robot, spider, other automated devices, or manual processes to monitor or copy service content. Otherwise, you will be responsible to EBRAINZ, ESL, and FISHFIRE for any damages, including attorney’s fees, when necessary for the defense of the interests of GO FOR GAMING.
11.23. GO FOR GAMING does not claim any ownership or control over any content posted, provided, or displayed by the USER on or through the Service.
11.24. GO FOR GAMING reserves the right not to accept, publish, display, or transmit any content at its sole discretion. You declare and accept that you have all the rights, powers, and authority necessary to assign the rights set forth herein concerning any content included.
12.1. GO FOR GAMING may send offers of products and services to USER e-mails, and the USER may at any time choose to no longer receive our offers simply by sending an e-mail to firstname.lastname@example.org.
12.2. USER agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, (a) any part of the service, (b) the use of the service or (c) access to the service provided by GO FOR GAMING.
12.3. The USER declares and warrants that (a) all information provided to GO FOR GAMING for participation in the service is correct and up-to-date and that (b) he or she has all rights, powers, and authority necessary to enter this service and to perform the activities required by same.
12.4. GO FOR GAMING may, at any time, modify, change, or remove any part of the content of these TERMS for their improvement or the improvement of the services provided. For this reason, GO FOR GAMING recommends reading the website carefully every time you access GO FOR GAMING
12.5. These TERMS do not create any partnership, mandate, franchise, or employment relationship agreement between GO FOR GAMING and the USER(s).
12.6. The commercial use of the website www.goforgaming.com.br as well as its trademark, corporate name, or domain name, including the content of the screens related to the services of GO FOR GAMING as well as programs, databases, and networks are protected by laws and international treaties on copyright, trademarks, and patents. Their improper use or the total or partial reproduction of said content is prohibited, except with the express authorization of GO FOR GAMING.
13. APPLICABLE LEGISLATION AND COMPETENT FORUM
13. 1. These TERMS are governed by the laws of the Federal Republic of Brazil. In order to resolve any issues or questions related to these TERMS, the parties elect the Central Forum of the City of São Paulo, excluding any other forum.