Registration: To register for the App, you must use and provide information from your current Facebook account and/or any other social network selected by Kickoff. By using your Facebook information to access the App, you expressly authorize Kickoff to receive certain information about you available on or through your Facebook account, including, but not limited to, your profile information, profile photo, names of friends, pictures, gender, age, privacy settings and other information you provide on Facebook. Kickoff will not create or publish any information on your news feed, nor on your Facebook Ticker or Timeline, without your prior express consent. You agree to allow Facebook to receive information related to the activities that you carry out on the App. Facebook is a service provided by Facebook, Inc., for which Kickoff assumes no responsibility.
Collection of Information. In addition to the information provided at the time of registration, we may require you to provide other personal information, including, but not limited to, your address, e-mail, gender, birthday, telephone number, contact information, age and romantic preferences, as well as other information that allows us to identify you. Furthermore, we may collect non-identifiable demographic information. We may also simultaneously collect both of the above-mentioned types of information, or associate those two types. We may gather information about the sections you access within the App and how you use it. Moreover, we may collect information about the hardware you use to access the internet and the software installed on your device. Said information may include your IP address, browser, operating system, location, information entered into web forms, and access times. Except as otherwise provided in the Terms document, we will not have access to, nor will we try to access, your personal information, except that information which you freely and voluntarily provide through your use of the App.
How We Use Your Information. We use the information gathered by the App, whether it be personal, demographic, collective or technical in nature, to administer and manage the App and other applications and services offered by Kickoff, to customize the Kickoff App and Kickoff Reports, to run advertising campaigns, to answer questions you ask about our App, to prevent potentially prohibited or illegal activity, to make available, provide, operate and improve the App and other applications and services offered by Kickoff, to register you for other applications and services offered by Kickoff, and to get in touch with you.
Your Right to Access Information About Yourself. If you want to have access to and/or wish to change and/or eliminate the personal data we store about you, you may do so through the means of contact indicated at the end of the Terms document. We may ask you to identify yourself and prove the authenticity of your request.
Information Sharing and Disclosure. Your information may be accessed by a limited number of Kickoff employees, by certain companies with which Kickoff may conduct business partnerships, and by third parties hired to develop commercial activities for Kickoff. Your information and registration data can also be accessed by Suggested Users. Employees at Kickoff are trained on the importance of privacy, as well as how to deal with customer information and manage it properly and safely. We require our Partners to keep your personal information confidential and not to use it for unauthorized purposes. In addition, you acknowledge and agree that your information may be shared with third parties to the extent necessary to allow us to merge, purchase or sell all or part of our assets. Likewise, we may supply your personal information and/or User Content whenever permitted by applicable law and/or requested by any governmental authority or determined by a court ruling.
Application Access Logs. In compliance with Law 12.965/2014, we keep access logs detailing your access to the App and Services for a period of 6 (six) months.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (onward referred to simply as “Terms”) regulate the usage of the Kickoff App (onward referred to simply as “App”).
The App and the websites www.kickoffapp.co, www.kickoffapp.com.br, pt.kickoffapp.co and es.kickoffapp.co (which are denominated as an “App” in their whole) belong and are administrated by Worldwide Networks, Inc., which has its headquarters in New York, United States of America (“Kickoff”).
Please read these Terms and Conditions of Use of the App (“Terms”) to get to know the conditions of use of our App and of our services to help you decide if you would like to access and use our App and services.
These Terms will apply from September 10th, 2015 onward.
By accessing, using and/or downloading the App and/or using our services, interacting with systems developed by Kickoff, sending a text, photo or video or transmitting information in any other way to and/or through our App, or a user account, you will agree, in the most definitive and thorough way with every term, clause and condition of these Terms. Kickoff, as the owner responsible for the App’s administration, requires that, before you express your agreement, you read these Terms attentively. If you have any questions, please contact us via the contact information listed at the end of these Terms to find an answer to your question(s) before using our services and our App.
If you are under 18 years old, you should not use our App or services or send your personal data to us.
If you, or your parents or guardians, do not agree with these Terms, you should not use our App, interact with the systems developed by Kickoff, access the content available in the App, download the App or make any type of comment or send texts, photos or videos to Kickoff and to our App.
These terms do not apply to Internet pages or Internet applications of third parties and/or services and products supplied by third parties, even though they may have connections to our App, which have been announced or highlighted on the App or which may have been accessed, in any whatever form, through the App.
Kickoff reserves the right to change these Terms to reflect changes in the App, Kickoff’s services, Kickoff’s policies or commercial practices, technological advances, law changes or regulatory norms and good commercial practices. If Kickoff changes these Terms, a new updated version will reflect such changes. Kickoff will notify you about any and all change to these Terms.
SERVICES AND CONDITIONS OF USE
- The parties of these Terms are Kickoff and the user of the App (onward referred to simply as “User”) who, with regards to these Terms, is the person who is identified when there is the need to fill in the necessary information to download and/or register on the App, information which is personal and non-transferable and is assumed to be true for all ends and purposes of right, with the User exclusively and directly responsible, for their veracity.
- The App provides the User a platform for social interactions in which the User may connect, interact, socialize and talk with other Users who are automatically suggested by the App and who are looking for a relationship and who may share interests and common friends (onward referred to simply as “Suggested Users”).
- The Suggested Users will be any other App’s User, including, but not limited to, Users who have friends, interests, communities, activities or connections in common with the User in the social networks linked to the App, or who are related, in any other way, within their social networks. The User agrees and acknowledges that Suggested Users may have access to all of the User’s data which is available in the App, including the registration data.
- In the event the User expresses interest in a Suggested User and, as long as the Suggested User also expresses interest in the User, the App will allow the User to interact and talk with the Suggested User. The User may, at any time, permanently block the Suggested User with whom there has been contact. Kickoff may, from time to time, also allow any user on the App to contact the User, even if the User has not expressed interest in the other user.
DOWNLOAD, ACCESS AND REGISTRATION
- Download and accessing the App may be done through any device which has Internet access and which has an operating system and browser compatible with the App. The User is solely responsible for obtaining, hiring and paying for the services and products of third parties necessary for the download and access to the App, including, but not limited to, Internet service providers, mobile network service providers and software suppliers. Kickoff recommends that the User check with such third parties regarding the terms of the hiring of their services and products before initializing the utilization of such products and services.
- To access the App and interact with the Suggested Users, the User must download the App through the application store compatible with their device. Downloading and accessing the App is free. [Kickoff may charge in the future] Users less than 18 years of age must download and register in the App and agree to these Terms with the representation, consent and/or assistance of their parents or guardian.
- After downloading the App, the User must register in the App, supply some personal information and allow the App and Kickoff to access and use some of the User’s personal information available on their social networks and their device. The User agrees and recognizes that, in the case that he or she does not allow or wish for the App and Kickoff to access their personal information, he will not be able to use the App and interact with Suggested Users. The personal information of the User may be shared by Kickoff or the App with the Suggested Users. The User must supply only his or her personal information that does not violate any third party rights, including, but not limited to, the rights of the Suggested Users.
- User registration should be made through the use and supply of information of the User’s actual Facebook account and/or any other social network chosen by Kickoff. By providing information from Facebook to access the App, the User expressly allows Kickoff to receive some information available on the User’s Facebook profile or through it, including, but not limited to, profile information, profile photo, names of known friends, photos, gender, age, work, education, interests, privacy settings and any other information made available by the User on Facebook. Kickoff will not generate or publish any information on the news feed or on the News and Time Line of the User’s Facebook account, unless expressly requested by the User. The User allows Facebook to receive information regarding their activity on the App. Facebook is a service supplied by Facebook Inc., in relation to which Kickoff has no responsibility whatsoever.
- By supplying your information through the App and/or using his/her login information for Facebook to register on the App, the User allows Kickoff a free license, not exclusive and valid, whilst the User fails to expressly manifest his desire to have his personal information excluded according to which is indicated at the end of these Terms, for usage, reproduction, transmission and exhibition of information obtained on Facebook and other registration information and App utilization associated with the use and participation on the App.
- The User must (i) update immediately their registration personal data in order to keep them true, precise, actual and complete, (ii) keep their login information in secrecy (login data and password); and (iii) always leave and/or log off, adequately, of their account at the end of each session and/or access to the App.
- The User must not (i) select or use the Facebook account or email address of someone else with the intent of posing as them, (ii) use a name or Facebook login information of someone else without their consent, (iii) use an email address which is disrespectful, offensive or inappropriate in any other way; and/or (iv) allow anyone else to use their account. The User agrees to notify Kickoff immediately regarding any unauthorized use, confirmed or suspicious, of their account or any security violations, confirmed or suspicious, including the loss, theft or unauthorized divulgation of their username, password or Facebook login credentials and/or their device.
- The User agrees and recognizes that he will be responsible for all the activities which take place in any account created for his/her use of the App, even if such activities won’t be made by the User. Kickoff will not be held responsible for any loss or resulting damage of the use by someone else of the account or password of the User, with our without their consent. Kickoff recommends that the User takes some measures which enable him/her to protect their password and its login credentials, such as, yet not limiting to, (i) do not write their password on papers or logic files; (ii) not using passwords which are easily guessed such as: birth date, license plate, etc.; (iii) do not lend or share a password with other Users or with the Suggested Users; and (iv) change the password periodically.
- Kickoff will not be held responsible by any App use, Kickoff Information (according to the definition given below) and the interaction of the User with the Suggested Users. Kickoff does not guarantee that its services, App and Kickoff Information will take any part in improving or succeed on the relationship between the User and the Suggested Users, in the way described in these Terms.
LICENSE OF USE
- By these Terms, after the download and/or first access to the App, Kickoff approves a license of use to the User, which has a non-exclusive, non-transferable and revocable character for the use of the App. The App’s license of use is limited to the right of use of the respective App on a device which belongs or is controlled by you and in conformity with all the rules of use which are periodically made available by the applicable supplier for the platform for applications on mobile devices. You cannot take any measures which may hurt, limit or interfere with the ownership and the reserved rights regarding the App which belong to Kickoff. You recognize, from this moment on that, any copies or unauthorized use of the App is a violation of these Terms and is an act expressly prohibited.
- The User is the sole responsible for verifying if they have the necessary system requirements (technical settings) to have access and to use the App. Kickoff may alter the system requirements for the access and use of the App at any time and for any reasons, including, yet not limiting to, technological upgrades. The User agrees and recognizes that, if one does not possess all of the system requirements and/or won’t upgrade their used device for accessing the App, the access and/or utilization of the App will be affected and/or cancelled.
- Kickoff may upgrade and/or make changes to the App, at any time, without previous notice. The upgrade and/or modification of the App will require the User to upgrade their device’s operating systems and/or make the App unavailable for a certain operating system, operating system version and/or device.
- Kickoff may interrupt the access to the App periodically in a previously programmed fashion with previous notice to the Users, with the purpose of executing some sort of preventive maintenance on the App. Kickoff may also interrupt the access to the App, independently of a previous notice to the Users, every time that an intervention of corrective nature is required by a matter of urgency. The User agrees that, beyond the preventive maintenance and/or corrective hypotheses here predicted, the access to the App may also be interrupted by force majeure, fortuitous case and any other motive which is beyond the control and will of Kickoff.
INTERRUPTION OF ACCESS AND RESCISION
- A User may cancel their account on the App by (i) asking Kickoff to close the account, at any time, by clicking “delete my account” on the preferences tab inside the app; (ii) in the event of the User disabling their access, by Kickoff, of their available information on their Facebook account; (iii) in the event of the User’s Facebook be cancelled and/or terminated; or (iv) Kickoff may at any time, without previous notice, with or without motive, and with immediate effect, cancel a User’s account. The User shall not be entitled to any sort of compensation.
- After the cancellation and/or termination of a User’s account, Kickoff will not have any obligation to store the User’s personal data, unless required by applicable law
- By using the App, the User agrees not to alter, corrupt or intercept any electronic data published or stored on the App, Facebook or Kickoff´s servers. The User also agrees to not violate any of the App’s security measures and to comply with all applicable legislation.
- The User grants Kickoff the right to use all of the content provided by him/her or in any other way transmitted by the User to the App, which is subject of the dispositions of these Terms, at Kickoff’s will, including, with no limitation, the copy, exhibition, execution or publication of the referred content in any format, modifying it, incorporating it in other materials or developing materials which are based on such content.
- The User assumes all responsibility for information provided to Kickoff, including its veracity and accuracy, and recognizes that providing information which is false, untrue, incomplete, not up-to-date or incorrect may be misleading to Kickoff and/or the other users.
- The user must assume full responsibility and accept all of the intrinsic risks of using the App. The App and Kickoff Information are presented “as is”, they were not made to fulfill any special needs and may include some technical imprecisions or typos. Kickoff reserves the right to add, exclude or modify the Kickoff Information and any other part of the App, in its whole or in part, at any time, without previous notice.
- Kickoff offers no guarantees whatsoever regarding Kickoff Information and the App. In this act, Kickoff absolves itself of any responsibility by declarations or guarantees, expressed or implied, according to the law, contract, license or other instrument, including, without limitation, any warranty of fitness of the App and Kickoff Information to a specific end or non-infraction to the applicable laws. Kickoff won’t be, by any chance, responsible for any damage, of any type or nature, including, without limitation, any direct damage, indirect, moral or ceasing profits, caused by or related to the existence or use of the App and/or Kickoff Information.
- Kickoff will not be held responsible and will not offer any accuracy guarantee, effectiveness, opportunity and suitableness of any sort of information, content, product or service supplied by third parties, including hyperlinks to third parties pages.
- Kickoff does not guarantee that the App and Kickoff Information or the access to the App or your account be clear of mistakes and/or that the App, Kickoff Information and the access to your account be available 24 hours a day for 7 days a week. Kickoff reserves the right to make the App, Kickoff Information and the access to the App and your account unavailable for the time period necessary for maintenance and/or improvements implementation.
- The User recognizes and agrees that the unrestricted access to the App depends on the link of their Facebook account to the App. Kickoff will not be held responsible for the validation of their registration through Facebook.
- You agree and recognize that your use of the App, your interaction with the Suggested Users and the published or transmitted content by you to the App (onward referred to simply as “User Content”) must not be offensive to third parties, brake third parties’ rights and/or cause any damages to third parties. It will not be allowed, by any means, content which contains: (i) use of any sort of expressions, signals or words which are against the moral and good manners; (ii) terms which offend the honor or image of people, products, companies or nature, the environment, physical venues and so on; (iii) signs or word which offend the freedom of consciousness, religion, gender, idea or feelings of people or associations; (iv) use of the brand of third parties; (v) signals of people/notorious personalities; (vi) public signals (coats of arms, weapons, medals, flags, badges) or of political parties; (vii) incentives to bad manners, violence or drugs; (viii) well known sports symbols; (ix) well known patronymic names; (x) literary, artistic or scientific work recognized or (xi) prejudiced, awkward, pornographic or similar note.
- You will be responsible for providing financial compensation to Kickoff, the Partners, the Suggested Users and/or any other third parties for direct, indirect or moral damages or ceasing profits, caused by or related to your use of the App and the User Content. Kickoff will not analyze nor make any type of control whatsoever, moderation or censorship of any User Content before it is stored and/or shared. Any User Content stored on the App is not and will be not endorsed by Kickoff.
- You allow to give and/or license to Kickoff all the rights of intellectual property, including, yet not limiting to, author rights and neighboring rights that are necessary for the Kickoff services to be provided and for the User Content to be stored by Kickoff.
- You may require at any time that any User Content be excluded from the App through the use of electronic message to the e-mail featured in the end of these Terms. Kickoff will remove the User Content of their databases and of the App as soon as it is technically possible, yet will not be held responsible for gathering the User Content of any databases of third parties and/or of Facebook.
- In the event that Kickoff has any reason to believe that and/or be notified by third parties, including Partners, that your use of the App and that the User Content causes damage or may cause damage to third parties and/or violates and/or may violate any rights of third parties, including, yet not limiting to, image rights, privacy and/or rights of intellectual properties of third parties, such as author rights and brands, Kickoff may immediately cancel your account and remove the User Content and made it unavailable for any third parties.
- Spamming may be defined as the transmission of e-mails or non-solicited information, generally of commercial character, in massive quantities and repeatedly to people with whom the sender has not had any previous contact or that declined to receive the referred messages. Kickoff is not conniving of the spamming practice, and will only send e-mails to the App’s Users with their authorization or which be related to the App supplied by Kickoff.
- The App and any other information, documents, images and software published by Kickoff on the App (known as “Kickoff Information ” as above mentioned) are of exclusive property of Kickoff, of companies in any way related to Kickoff, or were properly licensed to Kickoff, except the User Content. It is not allowed any type of use or reproduction, commercial or not, of the Kickoff Information without previous and express authorization of Kickoff and/or its owners. There is no concession, express or implicit, of license or right to anyone else, related to any author right, brand or other right of intellectual property of Kickoff and/or of third parties.
- None of the brand or trade names or images of services provided by Kickoff or contained in the App or in the products or services of Kickoff may be used without previous authorization, in writing, of Kickoff. The User should not (i) remove brands, warnings of author rights or any other warning included in any content, material or distinctive mark supplied in the App, (ii) reproduce, download (except the storage of pages in cache), modify, publish, distribute, transmit, disseminate, spread, transfer, license, sell, rent, lease, adapt, create sub products, exhibit or publicly execute, or explore in any other way content, material or individual element provided by the App, without the previous written agreement by Kickoff, (iii) make any type of commercial use or derived of any resource of the App or any other content, material or individual element provided by the App, (iv) use boards or framing techniques to attach any content, material or individual element provided in the App, without the previous written agreement by Kickoff, (v) use any tool for violation, meta-tag or any other hidden text using the name, the brand and the Kickoff’s URL or the name of any of the App’s resources without the previous written consent of Kickoff or (iv) disassemble, decompile, or reverse engineering the App or any other material made available in the App or used in the supply of any other of the App’s resources.
PRIVACY AND SECURITY
- Kickoff understands the importance of the privacy to their Users. The use that Kickoff makes of the personal data which identifies the Users and the private communications which happen within the App is in agreement with the applicable legislation. For clarification purposes, Kickoff’s security measure and confidentiality involve, among others, firewall services and authentication and validation of the users involved on the data treatment and User’s communications.
- To register in the App and use Kickoff’s services, Kickoff may require that you supply some personal information, including, yet not limiting to, your name, address, e-mail, gender, birth date, phone number, contact information, age, love preferences and other data which may enable your identification. Additionally, Kickoff may gather demographic information of non-identifiable character. Kickoff may also gather information simultaneously and associate the two types of information mentioned. Kickoff may obtain data on the accessed sections within the App and their form of use. Besides that, information about the hardware you use to access it and software that is installed on your device with access to the Internet may also be gathered by Kickoff. Such information may include your Internet Protocol address (known as “IP”), browser type, operating system, information inserted on forms and times of access. Except if in any other way predicted in these Terms, Kickoff will not have access, nor will try to access, your personal data, except those that you, free and voluntarily, supply through the App.
You recognize and agree that Kickoff, in legal compliance to the Law 12.965/2014, keep access registers of the App within a 6 (six) months period.
- You guarantee that your personal data that were provided to Kickoff are true and correct and do not include third parties data, being you the sole responsible for communicating any alteration that may have taken place regarding this matter.
- Your information may be accessed by a limited number of Kickoff’s collaborators, by certain companies with which Kickoff may have commercial partnerships, and by third parties hired to develop commercial activities for Kickoff (onward referred to as “Partners”). Kickoff’s employees receive training on the importance of privacy and how to deal with the Users’ data and manage them in an appropriate and secure fashion. Kickoff demands from its Partners that your personal information is kept confidential and that it will not be used for non-authorized ends. Besides this, you recognize and agree that your information may be shared by third parties to the extent necessary to allows us to make a corporate merger, acquisition or sale of all or part of our assets.
- Kickoff uses the data obtained by the App, being them of personal, demographic, collective or technical character, to administrate and run the App and other applications and services provided by Kickoff, personalize the App and the Kickoff Information, target publicity campaigns, answer questions you may ask regarding our App, avoid possible prohibited or illegal activities, to make available, offer, operate or improve the App and the other applications and services provided by Kickoff, to make your record regarding the other applications and services provided by Kickoff, as well as to get in touch with you.
- Kickoff may supply your personal data and/or User Content whenever it is allowed by the applicable legislation and/or solicited by any type of governmental authority or determined by judicial decision.
- You recognize and agree that, by sending your User Content and/or route personal information that identify you or third parties to Kickoff, although Kickoff has the necessary resources to avoid the non-authorized access or the interception of their information and/or the User Content, there is no absolute guarantee of security. In the case of any interception or non-authorized access, despite our efforts, Kickoff will not be held responsible for such interceptions or non-authorized accesses, or by any other direct, indirect, moral damage or ceasing profits that you or any other third parties may have suffered. Kickoff does not guarantee that the information supplied by the User of the App will not be object of interception or non-authorized access. Each User of the App is responsible for the guard and maintenance of the confidentiality of the password they use to access the App. So, if, by any reason, the confidentiality of your password has been compromised, please contact Kickoff immediately.
- In case you want to have access to and/or want to change and/or want to exclude your personal data that are stored by Kickoff, you can do it through the means of contact which are mentioned at the end of these Terms.
- Kickoff will not have any obligation whatsoever of soliciting to third parties who may have had access to your personal data that your personal data be excluded and/or changed, in agreement with your solicitation.
- All of your information is collected and stored on servers which are Kickoff’s property or of their Partners which are located on the United States of America and in countries localized on South America. Kickoff may, in the future, reallocate its data to another Partners’ servers, localized in any other country, with the end of hostage, storage, recovery or backup.
- You agree that these Terms describe the integral arrangement between us, which concern the matter in hand.
- The App was developed and is kept in agreement with the Brazil’s laws, which rule these Terms.
- The Forum of the County of the City of New York, State of New York, is elected to manage any questions regarding the use of the App, with express renounce to any other, much as privileged as it is or may be.
- In the case of wanting to contact Kickoff to any solicitation as predicted in these Terms, you should contact Kickoff, exclusively, through the e-mail email@example.com.