TERMS AND CONDITIONS OF USE BETWEEN PRANKMANIA AND THE USER
These are the terms of use (“Terms of Use”) that rules the access and use of the platform (the “Platform”) provided by M1K Administration and Leases LTDA (“M1K”), registered in the National Register of Legal Entities (CNPJ acronym in Portuguese) under N. 20.928.824/0001-33, by anyone, individual or legal person, that uses of the platform or its features as a user, hereinafter simply called “User(s)”.
When using, albeit partially, the Platform, you agrees to comply with these Terms of Use. If you do not agree with a rule exposed below, do not use the platform.
1. The platform
1.1. Prankmania is an online platform that aims to enable users to create humorous content to entertainment and interaction with other people.
1.2. The platform will be accessible also through mobile devices such as Tablets and cell phones, through an optimized Site such devices. Eventually, some features may undergo modifications according to the platform in which they are accessed. However, the use of the platform Prankmania in mobile devices do not drive out the duty of the User to respect these Terms of Use.
2. The Registration
2.1. Registration. The Use of the platform does not depend on the realization of registration; however, some functionalities may only be available to Users that are registered. To create your Registration at the Platform, you should create a Login and password, and provide Personal Information, such as: name, surname, e-mail, date of birth, nationality, among others. Subsequently the registration, it will be sent to you an automatic e-mail for account Control and validation purposes. It is the responsibility of the User to ensure that the information provided is accurate and true.
2.2. Information provided. Prankmania reserves itself the right to prevent new registrations and suspend or cancel already performed ones in the case of verification of the use of false, incorrect or untrue information. This statement also applies if the User do not change or update the required register.
2.3. Register linked to accounts on other sites. You Can perform the registration on the platform through linking with an account of other sites, such as Facebook and Google. By agreeing to account linking through it, you authorize Prankmania to have access to your registered personal information on this site, such as name, e-mail, nationality, among others.
2.4. Limits applicable to the Register. It is forbidden to create Login and password with the use of another person’s name and information, with the use of registered trademarks or intellectual property from third-parties (including Prankmania) or with vulgar, obscene or other kind of inappropriate content. Prankmania reserves the right, without prior notice, to suspend or terminate any account that violates this disposal.
2.5. Account Sharing Prohibition. The Login and password are personal and non-transferable, the User must be committed to not divulgate or share it with third-parties, under penalty of cancellation of the account created. If, for any reason, the User suspect that his/her Login and password have been disclosed or obtained by third parties, please contact us immediately. Please, note that Prankmania never contact the Users requesting that they confirm their Login and password, or other details.
2.6. Authorization for information. When performing the registration, you authorize Prankmania to use the data provided, declaring to know the rules and provisions from our Privacy Policy. Prankmania recommends that the User read this document and, if in doubt, please contact us through the contact link available on the platform.
3. Policy and Account Termination
3.1. Closure and data removal. You can close your account at Prankmania any time. When doing this, your access to the exclusive features of the users enrolled in the platform will be terminated immediately and all the content linked to it will be able to be removed from the platform.
3.2. Disclaimer of Liability. The cancellation of the account and erasure of data entered therein are irreversible actions. In view of this, Prankmania cannot be held liable for any damage arising from the account deactivation, from the deletion of User’s data and personal information or the institution.
4. Content policies user generated
4.1. Prohibited content. Prankmania values that its plataform be used in a friendly and wholesome way, aiming the entertainment and enjoyment of its users and the general public. In this way, with the aim to protect its users and those who will have access to the content created on the platform, is expressly prohibited the creation, comment, sharing or insertion, through the platform, of the following contents:
4.1.1. Adult Content. Prankmania provides its platform for users of all ages, so it is prohibited adult, sexual or pornography content, explicit or not.
4.1.2. Child pornography. The content of sexual or pornography connotation, explicit or not, involving minors is also prohibited.
4.1.3. Violent or hostile content. Content that incites any type of violence, discrimination, damage, harassment, bullying or hatred against individuals or groups are prohibited, regardless of the reason, but mainly because of race, creed, age, sex, sexual orientation or social condition. Content with violent images, either explicit or not, is also prohibited or those which incite, promote or encourage any form of self-flagellation, eating disorders and illicit drug use.
4.1.4. Defamatory content. It is forbidden to create, share and insert content that aims the defamation of an individual or a group, or that aims to manipulates other people’s opinions about a particular individual, group or fact.
4.1.5. Brand use. It is expressly prohibited to use any brand, logo, slogan or similar, from which the user is not the holder or do not have express permission for his/her use, including those owned by Prankmania.
4.1.6. Personal and confidential information. Disclosure of any personal information that is prohibited and confidential. Including, with no limitation, credit card numbers, bank accounts, identification documents, and commercial or residential addresses.
4.1.7. Political content. Prankmania believes that electoral processes should always be lined with clarity, transparency, and honesty, as a way of guaranteeing the best future for society. Therefore, the use of the platform for the purposes of electoral campaigns or political-partisan advertising is not admitted. Moreover, it is prohibited content of political connotation of any kind, the purpose of disseminating false information or news or intentionally misleading on parties, candidates or any fact related to the electoral process.
4.2. Exclusion of Content Any person, user or not of the platform, may report prohibited content by means of the link provided by the platform. The content created, inserted or shared on the platform that violates the content policy might be deleted immediately after the verification by Prankmania. In any circumstance, Prankmania may be held responsible, by the User for any loss and damage, or for any damages direct, indirect, consequential, exemplary, incidental, special or punitive, including, without limitation, for lost profits, or any other damage resulting from the summary exclusion of the contents for violation of the Terms of Use.
5. Operation of the platform
5.1. Conditions of access and operation. Prankmania is committed to work with its best efforts so the platform remains available to its users, however, we must emphasize the possibility of any problems or difficulties of access, which, if they occur, will be solved as soon as possible. If the User check any failure or difficulty of access, you may contact Prankmania by the link available for this purpose on the platform.
5.2. Platform modifications. The User recognizes that the platform was not developted on-demand and that Prankmania reserves the right to change, update or discontinue features of the platform, as well as to suspend access to the platform for maintenance or other procedures, without notice and with no reimbursement or indemnity rights by the User. In this context, the User acknowledges and accepts that, in no way, Prankmania may be liable for any loss or damage, or for any damages direct, indirect, consequential, exemplary, incidental, special or punitive, including, without limitation, for lost profits, or any other kind of damage linked to the suspension of access to the platform, alteration, updating or discontinuation of the functionalities.
6. Prankmania Responsibilities
6.1. Responsibility for the content. Prankmania points out to the platform users the rules and content policies, as well as the search, as far as possible, that the content created and/or shared by means of the platform are in accordance with this term, in particular as regards the ban of Prohibited Content. However, under no circumstances, shall Prankmania may be held responsible by the User for any loss and damage, or for any damages direct, indirect, consequential, exemplary, incidental, special or punitive, including, without limitation, for loss of profits, or any other kind of damage, resulting from the use of the platform or the functionalities offered therein.
6.2. Data liability. The User, and not Prankmania, is responsible for maintenance and protection of your data. It is the responsibility of the User to perform the Backup of your information. Prankmania will not be held liable for any loss or damage, or for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, for lost profits, or any other damage, because of loss, deviation, misappropriation, or any other linked to the data and information provided by the Plataform User.
6.3. Responsibility for access. Prankmania does not guarantee that access to the site is error-free or problems arising from fortunes, internal or external cases, cases that are beyond the site’s team control, or other cases not subject to the control of Prankmania, such as, internet failures in general, power falls, among others. Moreover, Prankmania may not be held accountable to the User or any third party for any damages direct or Indirect, consequential, exemplary, incidental, special or punitive, including, without limitation, for lost profits, in relation:
6.3.1. to any damage or injury to equipment in the User as a result of the access and use of the platform;
6.3.2. the Interruptions of any kind in access to the platform, such as scheduled maintenance, or not, failure to provide third-party services, power outage or Internet, among others;
6.3.3. to the eventual leakage of information arising from improper and unauthorized access to servers contracted by Prankmania.
6.3.4. to viruses, Malware or any other malicious device which, as a result of access, use, navigation on the platform, attack equipment of the User.
6.4. Third-party Services. The Site and the platform use third party services to operate, such as servers, Internet, hosts, among others, which are not operated by Prankmania. So, Prankmania will not be responsible, in any hypothesis, for damages arising from failure to provide third-party services.
6.5. Uploads by third parties. When using the platform, you may be exposed to uploaded material (upload) or created by a third part. Prankmania, from now, informs that it does not warrant or endorse any information, nor will it guarantee any content, comment, opinion, made available on the Platform by third parties. The platform also provides a report system in the case that any person sees a prohibited content. In view of this, Prankmania, under no circumstances, may be liable for any damages arising from improper use of this functionality. Any person, User or not, that see a violation of his/her rights or third parties because of the content exposed on the platform, can contact Prankmania by the report mechanism provided as it is described in the item 7.5, so that appropriate actions are taken.
6.6. Third-party Links. Eventually, Prankmania may make available on the platform access links to third-party websites. The availability of these links does not mean any indication or endorsement of the services provided by these third parties. Prankmania will not have any responsibility for these services or functionalities offered on such sites, because eventual contracting of content is a personal choice of the User. Thus, Prankmania recommends that, before any contracting, the User must know the terms of use and privacy policy of services offered by third parties.
6.7. Sharing content with third-party sites. Content created on the platform may be shared on other websites, forums or social networks, such as Twitter, Facebook, Etc. Content that is eventually shared outside the platform may not be deleted by Prankmania, so they will be in other areas. Thus, Prankmania cannot be held liable for content stored on sites other than its domain, and the user will be able to search for the report mechanisms available for removal of the content.
6.8. Providing third-party information. Prankmania, in accordance to the provisions of the Civil Framework of the Internet, Federal Law n. 12.965/2014, clarifies that will disclose any data information and connection record by third parties, without any judicial authorization to do so.
7. Responsibilities and declarations of Users
7.1. Responsibility for content created. The platform developed by Prankmania allows the creation of content and uploading of text materials, images and/or other content for purposes of content creation and interaction with other users of the platform. As a result, using the platform, you accept, acknowledge and undertake not to carry (upload), create and/or share any illicit content, immoral or Illegal or material that violates these terms of use, the Privacy Policy or the intellectual property of Prankmania or third-party. If any breach is identified in this Item, the account of the User will be immediately blocked and the content will be removed, regardless of prior notice.
7.2. The duty of Indemnity. You also commit to keep Prankmania exempt from any responsibilities about any damage, indemnities, losses or expenses (including attorneys’ fees) arising from the misuse of the platform, including, without limitation, the creation or sharing of content that violates this term.
7.3. Other obligations of the User. Without prejudice to any other obligations which may are exposed in this Terms of use, is the responsibility of the User:
7.3.1. Respect and comply with the rules set forth in these Terms of use, as well as Brazilian and foreign legislation;
7.3.2. Use the platform appropriately, according to the These Terms of use and other applicable rules from the applicable legislation, Brazilian or foreign, taking responsibility for their conduct;
7.3.3. Do not perform any Download Content, unless such possibility is available as platform functionality;
7.3.4. Use the hardware equipment necessary for access to the platform;
7.3.5. Keep track and perform the Backup of all content and data you deem relevant;
7.3.6. Act in such a way as to avoid improper access to the platform. Configures violation of this provision for improper sharing with third parties of access to the platform. If you verify the improper sharing of login and access, Prankmania may permanently disable the account of the Users, irrespective of any prior notification;
7.3.7. Not exploit the security of the platform, so the it is not use for the practice of unlawful acts prohibited by law and by these Terms of Use, or that, in any way, may disable, overload or Deteriorate it, as well as the computer equipment of other users or other Internet surfers (hardware and software);
7.3.8. Do not use the platform to damage the rights of Prankmania or third parties, including conducts that may generate any damage the site, to the platform and/or the application, third-party equipment, or even generate damage to documents and content entered by Prankmania or third parties on the platform.
7.3.9. Do not to publish communications, promotions or commercial advertisements of any kind, including, without limitation, promotion and/or recruitment to multilevel marketing programs.
7.3.10. Do not access the platform by automatic mechanisms such as Bots, spiders, scrapers Robots, without the prior express authorization of Prankmania;
7.3.11. Do not use the platform to intimidate, harasses or practice any form of bullying with another user or third party.
7.3.12. Do not disseminate, through the platform, rumors or false information in order to manipulate the opinion of others about individual, group or fact.
7.4. Declarations of the User To Use the Platform, you expressly acknowledge and declares that it has an aptitude to agree to this Terms of use, that there is no legal or contractual impediment to the fulfillment of the obligations assumed and that the information provided and the content inserted in the platform do not violate the Brazilian law, foreign legislation or this Terms of Use:
7.4.1. They are true, valid and do not violate any device of this Terms of Use and/or Brazilian legislation;
7.4.2. They do not infract or conflict with any third party right, in what is included, but not limited to, intellectual property rights, copyrights, image, privacy, among others;
7.4.3. They have no misogynous content, homophobic, racist, nor incite to violator do they attain the honor and dignity of others.
7.5. Complaint mechanism. If anyone, User or not, identify on the platform any content that is considered prohibited content including by the violation of his/her own intellectual property or third party, he/she can report it through the “Report Abuse” link, available on the platform. After the information verification, Prankmania may, in its sole discretion, remove the content and/or the account denounced.
7.6. Violation of the Terms of Use by User. With no detriment of other measures, when the violation of this Terms of Use by User it is confirmed, Prankmania may warn, suspend or cancel, temporarily or permanently, the Register of an User.
8. Intellectual Property
8.1. Intellectual Property. The brands, names, logos, and other distinctive signs, as well as any and all content, functionalities, codes, spreadsheets, sketches, Layout designs, protocols, or any kind of data-bound to the Site, the Platform or the Application are owned by Prankmania (The “Intellectual property”).
8.2. Consent. You acknowledge and accept that any use of intellectual property may only be made upon prior written authorization from Prankmania. The User assumes any and all liability, including criminal, for the misuse and unauthorized use of intellectual property rights.
8.3. Misuse. You will not be able to reproduce, copy, modify, reverse engineer, compile, decompile, transmit, publish, sublicense, permit, authorize, rent, sell, distribute, or otherwise use any content, functionality, Software or material of the platform in a way not allowed in this Terms of Use, without prior and express written permission from Prankmania or third-party rights holders, where applicable. Furthermore, the User declares and warrants that it will not register or attempt to register domain names on the Internet, in any locality, containing elements of the intellectual property from Prankmania.
8.4. No transfer. You know that no clause of this Terms of Use and, when appropriate, other instruments signed between the parties means the transfer of the right of ownership on such information or the consent to its disclosure. Similarly, no suggestion of improvement, recommendation or idea provided by the User related to the operation of the platform will confer or transfer to the User any right or title about the functionalities developed and made available by Prankmania.
9. General Conditions
9.1. Language and Translations. These Terms of use have original written in Portuguese language of Brazil and will be timely translated into other languages. In the event of any divergence between the original Portuguese version and the translated version of the terms of use, the version In Portuguese will prevail.
9.2. Legislation and jurisdiction. These Terms of Use are ruled and interpreted by Brazilian laws. Any dispute arising from the interpretation and application of this Terms of use, if not resolved amicably, should be resolved at the forum of the city of Porto Alegre, State of Rio Grande do Sul, with express resignation to any other, no matter how privileged it may be.
9.3. European Data Protection legislation. Irrespective of the provisions of the preceding clause, Prankmania Assures its national users of member countries of the European Economic Area (EEA) that the storage, processing, and sharing of their data will be made in accordance with the provisions of General Data Protection Regulation (or, GDPR). It is also ensured, to the extent legally possible, the exercise of all rights provided to the user in the previously mentioned legislation, for this just get in touch with Prankmania through the link available for this purpose on the platform.
9.4. Duration. These terms of use will remain in full force and vigor while the User uses the platform.
9.5. Assignment. These terms of use may not be transferred or assigned by the User, but can be transferred or ceded By Prankmania without any restriction, at any time, regardless of prior notification of the User.
9.6. Independence of the provisions. In the event of any provision or obligation arising from this Terms of Use be considered or becomes invalid, illegal or non-executable in any respect, the validity, legality, and enforcement of the remaining provisions or obligations shall not be affected or harmed in any way.
9.7. Tolerance. No failure or delay in exercising any right, power or privilege will operate as a novation, modification or waiver of this, and neither any total or partial exercise of any right, power or privilege will prevent any other exercise of this, or the exercise of any other right, power or privilege. The rights and remedies mentioned herein will be cumulative and shall not exclude any other provision provided for by applicable law.
9.8. Alteration of the term of use. Prankmania may change this Terms of Use, noted that any modification will be communicated to the User at least 30 (thirty) days in advance. The communication will be widely disclosed to users in order to allow for proper reading and understanding of the new rules. The acceptance of the new rules is a decision which rests solely to the User.
9.9. Communication. Any communication carried out by Prankmania will be destined to the e-mail provided by the User at the time of his/her registration at the platform.
9.10. User Service. Any questions about this Terms of Use or the operation of the platform can be done directly by the User through the contact link available on the platform.
