Terms of Use
Welcome to RECpoint! The RECpoint App presents the Terms of Use (“Terms of Use”) for its website (https://www.recpoint.tech/), its application, its platform, and its services (together, the “Platform”) set forth in this document. We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any changes or modifications to these Terms of Use will be effective immediately upon posting on our website or application. You are responsible for periodically reviewing the most current version of these Terms of Use. The Terms of Use are valid for all users of our platforms. Your continued use of our services constitutes your acceptance of any changes or modifications made to the Terms of Use.
1. Acceptance of Terms of Use:
1.1 By accessing and/or using the RECpoint App services, all audiovisual content, and other services offered on our website and application (“Services”), you agree to the Terms of Use, its clauses, and conditions, as detailed below.
1.2 You are authorized to use the RECpoint App Services only if you agree to all the rules and conditions set forth in the Terms of Use.
1.3 If you do not agree to these Terms of Use, you are not authorized to access or use the Services offered on our website or application. Use of the RECpoint App Services is expressly conditioned upon your consent to the rules of the Terms of Use.
2. Users:
2.1 Users. Anyone aged 13 or older, residing anywhere in the world, can become a User of the RECpoint App. The word “User” shall refer to any person who has registered on our website or in our application.
2.2 Password and Security. When you complete your registration process, you will create a password that will enable your access to our Platform. You agree to maintain the confidentiality of your password and are entirely responsible for any damage resulting from failure to maintain such confidentiality and for all activities that occur through the use of your password. You agree to notify us immediately of any unauthorized access to your password or other breach of security. You agree that RECpoint App shall not be liable for any loss or damage arising from your failure to comply with this clause.
3. Public and Private Information:
3.1 “Your Information”: is defined as any information you post or give us (directly or indirectly), including through your registration process or your use of our Platforms, comments on blogs, messages sent within our Platform, or email. You are solely responsible for your Information, and we act as a passive conduit for the distribution and publication of your Public Information (as defined below).
3.2 “Public Information”: your name, company affiliation, and location, as well as any part of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion in public areas of our website.
3.3 “Private Information”: any other part of Your Information that is not Public Information will be referred to as Private Information.
3.4 “Public Areas”: these are areas of our website or application that are accessible to some or all of our users or to the general public.
3.5 Accessibility of Public Information. Your Public Information may be accessible and published by automatic publishing programs and search engines, metasearch engines, crawlers, metacrawlers, and other similar tools.
3.6 Restrictions. When considering the use of our Platform, you agree that Your Information: (a) must not be fraudulent; (b) must not infringe any third party's copyright, patent, trademark, distribution right, or other intellectual property, publication, or privacy right; (c) must not violate any law, statute, ordinance, or regulation; (d) shall not be defamatory, libelous, threatening, or abusive; (e) shall not be obscene or contain pornography, child pornography, or photos of naked people; (f) must not contain viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personal information; (g) must not hold us liable or cause us to lose (in whole or in part) the service of our Internet Service Provider or other suppliers; (h) must not create links directly or indirectly to any material that you do not have the right to include or link to.
3.7 Obligations: You also agree to provide us with a valid email address, both when you register with us and each time your email address changes. You also agree that your User profile, blog comment posts, video uploads, or any portions of the website reserved for User use only shall not be used by you for commercial activities, sales of goods and services, or the promotion of a company, good, or service unrelated to the topic or spirit of the RECpoint App. You will be solely responsible for the information you post in publicly accessible areas of the Platform, as well as in any other means of communication or dissemination, regardless of whether or not you intended to do so.
3.8 License. We do not claim ownership of your Information. We will use your Personally Identifiable Information only internally. However, to authorize us to use your Public Information and to ensure that we do not violate any rights you may have over your Public Information, you grant RECpoint App the non-exclusive, universal, royalty-free, full, definitive, irrevocable, and irreversible right to use, at any time, in Brazil and/or abroad, and to exercise, commercialize, and exploit all copyrights, publicity rights, and database rights you may have over your Public Information and your image contained in the audiovisual material linked to the RECpoint Platform or App, through any means known or that may be created in the future, and for any purpose.
3.9 Disclosure Consent. You understand and agree that the RECpoint App may disclose your Information, as well as any graphic or audiovisual material of your image, if required to do so by law or if it believes in good faith that such disclosure is reasonable and necessary to: (a) cooperate with a judicial proceeding, court order, or legal process concerning us or our website; (b) enforce the Terms of Use; (c) respond to infringement of third-party rights by Your Information; (d) protect the rights, property, or personal safety of the RECpoint App, its employees, users, and the public.
3.10 Consent to Disclosure: The RECpoint App reserves the right, at its sole discretion, to suspend or terminate your use of our Platform and Services, to refuse any and all current or future use of all or any part of our Platform and/or Services.
4. General conditions of use of the Services:
4.1 By accepting these Terms of Use, you have the non-exclusive, non-transferable, non-sublicensable, and limited right to enter, access, and use the Services solely for personal and non-commercial use.
4.2 All rights not expressly provided for in these Terms of Use are reserved by App RECpoint.
4.3. You agree that the Services are for your personal and non-commercial use and that no one other than you will use the Services.
4.4 Other than the limited license to use the Services set forth in these Terms of Use, you have no other rights, title, or ownership in the Services. You understand and acknowledge that, under no circumstances, will your rights with respect to the Services be limited by applicable copyright and/or intellectual property laws and these Terms of Use.
4.5 The Services allow Users to access videos of sports played on soccer fields, courts, gyms, and establishments, monitored and integrated into the RECpoint App System (the “Content”). The Content includes images, audio and visual content, as well as images of third parties participating in sports activities recorded at their own discretion when they activate the RECpoint App System “button” available at each of the establishments, gyms, soccer fields, and courts in monitored sports environments.
4.6 The RECpoint App may modify the Services and/or Content or discontinue their availability at any time.
4.7 You are solely responsible for obtaining, paying for, and maintaining all telephone services, internet access, data plans, tariffs, and/or other fees, monthly payments, and costs associated with your access to and use of the Services, as well as for the software, computer hardware, cell phone, and other equipment necessary for the use of and access to the Services.
4.8. Notwithstanding other provisions contained in these Terms of Use, the Services are available for your use for a period beginning upon registration of your details.
4.9. You must not attempt or support attempts by third parties to circumvent, reverse engineer, decode, decompile, disassemble, or defraud or interfere in any way with aspects of the Services. You shall not distribute, exchange, modify, sell, resell, or retransmit to any person any part of the Services, including, but not limited to, any text, image, or audio, for any commercial or public business purpose. You agree not to copy, sell, distribute, or transfer the Content and/or Services of the RECpoint App.
5. Use of the Platform:
5.1 Responsibility and Control. You, and not the RECpoint App, are entirely responsible for Your Information that you upload, post, distribute, email, or otherwise make available via our Platform. We do not control your Public Information or the Public Information of other users or posted by them, and we do not guarantee the accuracy, integrity, or quality of your information or the information posted by or about other Users, nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent, or with which you disagree. We have no obligation to monitor, and assume no responsibility for, your information, Public Information, or information regarding any matters or posted by other Users. You agree that under no circumstances shall the RECpoint App, its directors, partners, or employees be liable for any information, including, but not limited to, errors or omissions in Your Information or Public Information posted by or about other users, for losses and damages of any kind occurring as a result of the use of Your Information or any Public Information from or about other users that may be posted, emailed, transmitted, or otherwise made available in connection with our Platform, or for any failure to correct or remove any such information.
5.2 Conditions for Suspension or Termination of Services.
5.2.1 The following types of actions are prohibited on the website and on the RECpoint App Platform and are subject to immediate suspension and/or termination of your User status: (a) Use of our Platform to: (i) threaten or intimidate another person in any way, including restricting or inhibiting the use of our Platform; (ii) impersonate any person (including the RECpoint App team or other Users), or falsely attest to affiliation or representation of any person or company, through the use of similar email addresses, nicknames, or the creation of fake accounts or any other method or procedure; (iii) disguise the origin of any Public Information that is transmitted to third parties; (iv) harass or disturb others; (v) collect or store personal data from other users; (b) Post any Public Information or other material: (i) that is illegal, offensive, racist, prejudiced, threatening, abusive, disruptive, defamatory, intimidating, vulgar, obscene, profane, accusatory, invasive of another's privacy (including posting private emails or contact information of other users), hateful, racial, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech; (ii) that is obscene, pornographic, or adult in nature; (iii) that you do not have the right to make available under any law or under contract; (iv) that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights or rights of any third party; (v) that is any type of unsolicited advertising or promotional material, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and chain emails); or (vi) that is otherwise inappropriate or posted in bad faith; (c) Encourage others to violate the Terms of Use or refuse to follow instructions from the RECpoint App team; (e) Violate (intentionally or unintentionally) the Terms of Use, or any applicable local, state, national, or international law, ordinance, statute, or regulation.
5.2.2 Even though we prohibit the above content and conduct, you understand and agree that you may be exposed to such conduct and content and that you use the Platform at your own risk. For the purposes of these Terms of Use, “post” includes uploading, posting, distributing, emailing, publishing, transmitting, or otherwise making available.
5.2.3 Without limiting the foregoing, the RECpoint App has the right to remove any Public Information or other material that violates these Terms of Use or is otherwise objectionable.
5.3 Non-Interference with the Platform. You agree that you will not: (a) upload, post, publish, distribute, email, or otherwise transmit any programming routines, files, or programs intended to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment; (b) interfere with or disrupt our Platform or the networks connected to our website through the use of our Platform, or disobey any requirements, procedures, policies, or regulations of the networks connected to our website, or otherwise interfere with our Platform in any way, including through the use of JavaScript, PHP, or other codes; (c) act in any way that imposes an excessively heavy, disproportionate, or unreasonable load on our infrastructure; (d) copy, reproduce, alter, modify, or publicly display any information available on our website (except for Your Information), or create derivative works from our website (except for Your Information), with the understanding that such actions would constitute copyright infringement or other violation of the intellectual and/or industrial property rights of the RECpoint App or any third party, unless authorized in writing and in advance by the RECpoint App or the third party.
5.4 General Platform Usage Practices. You acknowledge and understand that we may establish general practices and limits concerning the use of our Platform. You agree that we are not responsible and shall not be liable for the storage or deletion, or failure to store or delete, any of Your Information. You understand that we reserve the right to suspend users who are inactive for an extended period of time. You understand that we reserve the right to change these general practices and limits at any time, at our discretion, with or without notice.
6. Communications from the RECpoint App Team:
6.1 You understand and agree that we may send certain communications, such as announcements about RECpoint App services and newsletters, as well as offers for goods and services that are relevant and beneficial to you or any group of Users united by affinity that you may participate in, and that these communications are considered part of our Platform.
7. Links:
7.1 We may provide, or third parties may provide and publish, links to other websites or resources. Because we have no control over such websites or resources, you understand and agree that we are not responsible for the availability of such websites and resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials available on or through such websites or resources.
7.2 You also understand and agree that the RECpoint App shall not be liable or responsible, directly or indirectly, for any losses or damages caused or alleged to have been caused or related to the use of any content, goods, or services available on the Platform or through the use of any of these websites, resources, and/or services.
8. Warranties and Responsibilities:
8.1 Disclaimer of Warranties. You use our Platform at your own and exclusive risk. Our Platform is offered to you “as is” and “as available.” We disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to warranties related to the security, reliability, convenience, and performance of our Platform. We further disclaim any warranties regarding information or advice obtained through our Platform. We disclaim any third-party warranties for services or goods received through or advertised on our Platform or received through links displayed on our Platform, as well as for any information or advice received through any links displayed on our Platform. Furthermore, no advice or information, whether oral or written, obtained from us from you shall create any warranty.
8.2 Assumption of Risk. You understand and agree that by downloading or otherwise accessing our material or data through the use of our Platform, you do so at your own discretion and risk, and that you will be solely responsible for any damage to your computer or loss of data that results from downloading such material or data.
8.3 Limitation of Liability. You agree that, under no circumstances, shall the RECpoint App be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss and damage, loss of profits, loss of opportunity, or other intangible losses (even if the RECpoint App has been advised of the possibility of such damages), related to your use of the Services or our Platform, or your inability and/or impossibility to use them (including in cases of negligence).
9. Indemnification:
9.1 You agree to defend, indemnify, and hold harmless the RECpoint App, its directors, partners, agents, employees, consultants, affiliates, subsidiaries, and partners from and against any and all claims, losses, damages, liabilities, judgments, assessments, fines, costs, and other expenses, including attorneys’ fees, arising out of or related to your use of the Services or any violation of these Terms of Use, use of the Platform, Your Information, violation of any law, statute, ordinance, or regulation, or infringement of third-party rights, and you agree to reimburse the RECpoint App for any losses, costs, and expenses incurred as a result thereof.
10. Termination:
10.1 You agree that we may, at our sole discretion, issue a warning, temporarily or indefinitely suspend, or permanently remove any content or information posted by you, or terminate your User status or your ability to use all or part of our Platform for any reason, including but not limited to (a) lack of use; (b) if we believe you have violated or acted inconsistently with the spirit of these Terms of Use or any referenced documents; (c) if we are unable to verify or authenticate any information you provide to us; (d) if we believe your actions may create civil liability for you, our users, or us.
10.2 You acknowledge that the termination of your account or your partial or full access to the Platform for any reason described in these Terms of Use may occur without prior notice, and you understand and agree that we may immediately deactivate or delete your account and all related information and files and/or block your future access to our Platform. You also agree that we shall not be liable to you or any third party for terminating your use of all or any part of the Platform and/or application.
10.3 The RECpoint App reserves the right to terminate your Service plan and/or your access to the Services for violation of these Terms of Use. If your subscription and access to the Services are terminated, no payment, fee, or charge shall be refundable.
11. Intellectual Property:
11.1 Copyrights. The content published on the RECpoint App website or application and other authored works found on the Platform as part of the Services (“Content”) are protected by national and international copyright laws and treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any Content except as specified here and in accordance with applicable laws. All copyrights in the Content and the Services (including but not limited to images, photographs, animations, videos, audio, music, text, layout, and the “look and feel” incorporated into the Services) are owned by the RECpoint App. You agree to comply with all copyright protection laws related to the use of the Services and the Content. The RECpoint App reserves the right to take any measures it deems appropriate, at its sole discretion, to protect the copyrights of the Content and the Services, in addition to the conditions set forth in these Terms of Use.
11.2 Users are not permitted to attempt to reconfigure, disassemble, or reverse-engineer the RECpoint App website, Services, and/or Content.
11.3 Trademarks. You are not authorized to use any trademarks and/or distinctive signs found on the RECpoint App website, Content, and/or Services. You may not copy, display, or use any trademarks without the prior written consent of their owner. Any unauthorized use may violate industrial property laws, privacy laws, intellectual property laws, and civil and/or criminal statutes.
11.4 All rights and licenses not expressly granted in these Terms of Use are reserved to the Owners of the Content and/or Services. These Terms of Use do not grant any implied licenses.
12. Prohibition of Resale:
12.1 You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the RECpoint App Platform, nor use the Platform or access to it for the purpose of selling goods or services, or promoting a company, product, or service.
13. General Provisions:
13.1 These Terms of Use constitute the entire agreement between the Parties with respect to the subject matter herein and replace all prior agreements, written or oral.
13.2 The Parties are independent contractors, and this instrument does not create any partnership, franchise, sales representation, or any relationship other than those expressly provided for in these Terms of Use.
13.3 If any clause or condition of these Terms of Use is declared null or invalid, in whole or in part, for any legal or contractual reason, the remaining clauses shall continue in full force and effect.
13.4 Tolerance or failure by either Party to exercise any rights granted under these Terms of Use or by law shall not constitute a waiver or novation, and the respective Party may exercise such rights at any time during the validity of these Terms of Use.
13.5 Notices or communications related to these Terms of Use shall be sent in writing, by registered letter or with acknowledgment of receipt, fax, or electronic correspondence with proof of receipt, by either Party to the other.
13.6 The courts of the District of Americana, State of São Paulo, are hereby elected as the exclusive jurisdiction to resolve any disputes arising from or related to these Terms of Use.