*Automatic translation of the official document available in Portuguese.
1. About the Object
1.1. The following terms, hereinafter referred to as the Terms of Use, govern the Gymgles System, hereinafter referred to as the Service, which the Gymgles Platform, hereinafter referred to as the Platform, makes available to Internet Users free of charge.
1.1.1. The Service is provided by Gymgles Plataforma Digital Sociedade Unipessoal Ltda., CNPJ 35.660.900/0001-40, headquartered in Sao Paulo, SP, Brazil.
1.2. The use of the system assigns condition of User of the Service, hereafter called User, and expresses its full and unreserved acceptance to each and every one of the clauses of this instrument in the current version published by the Platform.
1.3. Through the Service, the Platform provides you with a password to access the Gymgles System, use Gymgles credits (GYM currency), participate in recreational contests, and post data to the Internet, respecting Content Policy of this Platform for each publication category. There is also a specific contract to partner with sporting event planners.
2. Terms of Access
2.1. The minimum age for receiving Gymgles credits is eighteen (18) years. The User should pay close attention when entering his / her date of birth, as anyone who increases or decreases their age on the Platform will be in violation of this system usage rule and will therefore have their account locked out, losing the right to use the balance available on their account.
2.1.1. The GYM currency was created to encourage the promotion of healthy habits and to encourage the promotion of products and services for physical activity practitioners. The Gymgles Platform does not charge any membership fees or monthly fees for using the system in the basic plan, nor does it license companies or people to offer credits to the market.
2.1.2. The Gymgles Platform recommends accepting GYM currency wherever possible, but cannot guarantee that all advertisers on this Platform will accept it in all situations. If any product or service provider does not yet know the GYM currency, the User may invite them to join the Gymgles System for free.
2.1.3. It is not for the Gymgles Platform, or its partners and collaborators, to determine the discounts granted by merchants promoting products and services on this Platform, or which taxes will apply to transactions using credits. Users of the Gymgles System, individuals or companies, are solely responsible for complying with the tax obligations arising from the use of credits as a payment method.
2.1.4. When the transfer of credits is allowed, the User may transfer his balance, in part or in full, to any persons or companies supplying products or services within or outside the national territory, provided that the laws in force in each country are respected, and also that the recipient agrees with our policy of promoting healthy habits. Accepting the GYM currency means supporting, directly or indirectly, the practice of sports and keeping people away from anything that is harmful to physical, mental and environmental health.
2.1.5. Once you confirm a transfer from credits, the operation cannot be undone. The Gymgles Platform is not responsible for any losses and damages arising from inappropriate use of the system, nor for the quality, quantity, status or veracity of the products or services that the User pays with their credits.
2.1.6. Gymgles credits do not expire, but you may have your account locked out, contrary to the provisions of these Terms of Use and our Content Policy. Both paying and receiving credits in illicit or unhealthy businesses will be prevented from moving their accounts, forfeiting the right to use the available balance and incurring expenses arising from possible damages to the injured parts.
2.1.7. Individual account balances will be kept confidential, but a real-time balance may be made available by Platform Gymgles to ensure business transparency and maintain a healthy system. The balance of all accounts should always be equal to the total credits that people have received as a result of engaging in healthy habits.
2.1.8. The Gymgles Platform, its partners and collaborators may not compete for the prizes offered in the recruiting contests held on this Platform, but may have accounts and receive credits, provided that they comply with the conditions set forth in these Terms of Use, without any privilege that differentiates your accounts from others.
2.1.9. Users cannot generate credits in their accounts. The system does this automatically only when the User proves that he participated in an activity eligible for the reward.
2.2. The User may receive permission to publish a page for his company up to the storage space and data traffic limit established by the Platform.
2.2.1. The Gymgles Platform has the right to change the maximum number of bytes that the User may send, receive and store through the Platform, at its sole discretion, at any time, with or without notice.
2.2.2. Any content or external link to content that does not follow the rules of use of the Service will be blocked and no longer visible on the Platform.
2.2.3. The User authorizes the disclosure of external links on its page published on Website gymgles.com, and also internal links on this Platform to its page.
2.2.4. The Gymgles is not responsible for providing any third part services or goods sold or advertised on its pages. You also do not subscribe to information provided by the websites accessed through links on this portal.
2.3. Use of the Service requires the User to have a User ID and a secret password, data that is provided at the time of User registration and requested every time the User accesses pages linked to the Service on the Platform.
2.3.1. The User must undertake not to title and / or register his or her identity on this Platform, as well as any content posting and / or posting that: uses inelegant and / or offensive vocabulary; names of any entities or organizations; trademark, service mark, copyright names; infringe any proprietary rights of third parts; and / or intended to cause or cause confusion, mislead third parts or allude to third parts.
2.3.2. The Gymgles Platform is not responsible for any damages arising from unauthorized use of the User password to access your account. Every session on the Platform will automatically expire after a certain period of time, but it is safer for the User to log out when he / she completes password-required operations, especially when using a computer that is also used by others.
2.3.3. The User is solely responsible for their interactions with other Users, both in the virtual world and in real life. The Gymgles Platform is not responsible for any loss or damage resulting from your interaction with people or companies you know through the Platform. You agree to take care of your own safety when interacting with others you meet on the Internet.
2.3.4. To create a business account on the Gymgles Platform, you need to have the authority to manage it. Register your business email issued by the company where you work. If it is not yours, your employer will be the holder of that account.
2.4. The User, to be entitled to the Service, must allow the installation of cookies sent by the Platform, whose features and functions are described in Privacy Policy of this Platform.
2.5. By registering online, the User accepts and authorizes that his or her personal data constitute automated processing by the Platform in accordance with the terms of its Privacy Policy.
2.6. The Gymgles Platform is not responsible for the authenticity, accuracy and validity of the registration data provided by its subscribers, and it is solely and exclusively for the User to keep their data updated.
2.6.1. The Gymgles Platform may use the means it deems necessary to, at any time, verify the accuracy of the information provided by the Users. If you identify any irregularities, the Platform may immediately suspend the User Service.
2.7. The User undertakes in general to use the Service in accordance with accepted law, morals and morals, and in accordance with public order and, in particular, to refrain from using the Service in any way that may damage, render it unusable, overload or deteriorate or prevent its normal operation for the use of other Users.
2.7.1. The Platform reserves the right to inform the competent authorities, if requested, of the User's registration data that violates the laws, as well as connection data, such as IP addresses and also the telephone line used by the User. In the case of the telephone number, this data will only be provided by court order, given the confidentiality of the telematic data established by the Federal Constitution of 1988 and Extravagant Laws.
2.8. The User is aware and voluntarily accepts that the use of the Service occurs, in any case, under its sole and exclusive responsibility.
2.8.1. The Platform does not guarantee the availability and continued operation of the Service. When reasonably possible, the Platform will warn in advance of interruptions in its operation.
2.8.2. The Platform does not guarantee the usefulness of the Service for the performance of any particular activity, nor its infallibility, and in particular, even if not exclusively, that Users may effectively access the different web pages that make up the Service.
2.8.3. Notwithstanding all features used on this Platform to protect data being trafficked and stored, the Platform does not guarantee privacy and security in the use of the Service by Users and, in particular, does not guarantee that unauthorized third parts may be aware of the class, condition, characteristics and circumstances of use that Users make of the Service.
2.8.4. The Platform does not guarantee the truth, accuracy, completeness or timeliness of any data, information or materials made available to Users through the Service. The Platform is not responsible for any incorrect, objectionable, offensive, threatening, defamatory, fraudulent or illegal content.
2.8.5. The Platform does not previously control, approve, monitor or make own the events or acts announced to other Internet users by the Service Users. Each User acts in their own name and on their own account, which is why the Platform does not guarantee the lawfulness, truthfulness or effectiveness of such events and acts.
2.9. The Platform reserves the right to place advertisements of its own and / or third parts, automatically and randomly, when any User page on the Platform is accessed.
2.9.1. All revenue arising from the negotiation of advertising will belong exclusively to the Platform, not being the participation of the User.
2.9.2. You may not market advertising on the Platform or sell your page to another person or company. If you breach this rule, your account will be deleted from the Platform and will be liable for any third part claims, bearing all applicable legal penalties, including indemnities claimed by the complaining part.
3. Property Rights
3.1. The Platform grants you a non-transferable, non-exclusive, personal license to use the software making up the Service installed on the Platform's server (s), provided that you comply with these Terms of Use.
3.1.1. The Platform does not grant any other license or authorization to your industrial and intellectual property rights or any other property or right related to the Service.
3.2. User acknowledges that the Gymgles Platform owns all rights, titles and interests related to the Service, including intellectual and industrial property rights.
3.3. The User agrees not to use any process, whether manual, automated device or otherwise, to monitor or copy any content of the Service, as well as create derivative works thereof.
3.3.1. User agrees not to reproduce, duplicate, copy, sell, resell, trade or otherwise exploit any parts of the Platform.
3.4. The improper use of any of the icons, images, messages, names and marks belonging to the Platform will cause the exclusion of the User, without prejudice to the loss and damage to which the Platform may be entitled.
3.5 Creating and making content available for publication by the User using the Service gives Gymgles a perpetual, irrevocable, non-exclusive, worldwide, unlimited royalty-free license to use, reproduce, copy, modify, translate, create derivative works, sublicense, transmit, distribute and publicly display User posted material, including text and images, into Platform marketing outreach actions on any online or offline media currently in operation or be developed later, without the User receiving any payment for it. Such license includes the insertion of User-posted content, in whole or in part, into national or international Internet search engines, at the sole discretion of the Platform.
3.5.1. The Platform does not in any way claim ownership of any material of any kind that is transmitted or stored by Users when its content is not intended for publication (messages sent and received, for example).
3.6. The User is aware that third parts may access any of their content posted on the Platform, and in particular, copy, paste and download the content thereof, using such material for any unauthorized purposes herein.
3.6.1. The Platform will not be responsible for the use of these materials by third parts, but will use its best efforts to promptly notify the User of such an event as soon as it becomes aware of the fact.
4. About the Term
4.1. The provision of the Service is, in principle, indefinite duration. The Website, however, reserves the right to terminate or suspend the provision of the Service at any time.
4.1.1. When reasonably possible, the Platform will announce in advance the termination or suspension of the provision of the Service.
4.2. Notwithstanding the foregoing, Your account may be immediately deleted by the Platform without notice, in the event of: Your breach of any Platform policies, any laws or regulations applicable to You, including rules of protection against You. as well as practice by the User of any acts that may imply commercial or institutional discredit to the Platform.
4.2.1. The Platform may block, without prior notice, Users from certain IP addresses or device numbers that are considered harmful to the proper functioning of the system.
4.2.2. Each person can have only one individual account, and each company only one business account. Maintaining multiple accounts by the same individual or entity may result in immediate termination of these accounts, blocking their Gymgles credits balances.
4.3. If the User wishes to terminate his or her account on the Platform, the cancellation shall be deemed to be effective on the date and time when the Platform confirms the User's request to the Platform, automatically made on the page showing your data after clicking the Cancel button.
4.3.1. You understand and agree that some of your content posted on the Platform may continue to appear online or offline, even after your account has been canceled. The Gymgles Platform cannot be held responsible for comments on other sites about any content you post on the Platform.
4.4. Your use of the Service is also subject to all notices, regulations and instructions made known to you by the Platform, as well as the policies of the Platform, which supplement the provisions of these Terms of Use, where you do not object to them.
4.5. The Platform reserves the right to unilaterally make any changes to this instrument at any time by submitting a notice of change or a new document posted on the Platform.
4.5.1. In the event of User disagreement as to what has changed in these Terms of Use, User may request the deletion of his account by notifying the Platform in accordance with clause 4.3 above.
4.6. The User account that remains without logging in to the Platform for more than ninety (90) days will be considered inactive, but the id and password will remain valid and the User may reactivate their account and update their data at any time.
4.6.1. The inactive Gymgles account balance will remain the same after the last move made by the User. We recommend, however, that the User change their password frequently and constantly monitor their account balance for their own security.
4.6.2. Account Gymgles balance does not expire while Company Gymgles exists and User has unlocked account on this Platform.
4.6.3. Content posted by Users whose accounts are inactive may be automatically taken down without notice.
4.7. These Terms of Use will remain in effect even after termination of the User account, and each part shall bear its own responsibilities.
5. General Provisions
5.1. The User authorizes the Gymgles Platform and its Partners to send, at any time, in their name, in the registered email and / or physical address, informative or any other kind of correspondence.
5.2. Users who publish pages on this Platform freely assign and authorize the use of their image, name, voice, and other personal characteristics to Gymgles for disclosure in any media (print or electronic).
5.3. Gymgles and its partners are not responsible for the authenticity, accuracy and timeliness of the registration data provided by the Users of this platform, as well as for any damages or losses they may have or cause to others.
5.4. The User will be automatically excluded from this platform in case of proven fraud or conduct that may interfere with its results, and may also be liable for a crime of ideological or documentary falsity (without prejudice to expiration from the chargeable event).
5.5. The User will be liable for any damages whatsoever that the Platform may suffer as a result of non-compliance with any of the obligations set forth in these Terms of Use, or the Law. The User agrees to indemnify, defend and hold harmless Gymgles, its founders, partners, sponsors, advisors, employees, representatives, and suppliers of any liability for failure to comply with the rules set forth herein.
5.6. In the event of a third part claim arising out of or in any way related to your use of the Service, you agree to indemnify the Platform, including any foreseeable or unforeseeable expenses arising out of any loss, direct or indirect damage, legal action, adjudication, litigation costs and attorney's fees of any kind or nature.
5.7. The Platform disclaims any liability for damages of any kind that may be due to the lack of availability or continuity in the operation of the service; defrauding its usefulness or its shortcomings and in particular, even if not exclusively, failures to access the web pages of the service or the warning device by e-mail; the knowledge of the class, condition and usage characteristics that Users make of the Service; the lack of truth, accuracy, completeness and timeliness of any data, information or materials made available to Users through the Service; as well as the unlawfulness, truthfulness or effectiveness of the acts and events announced to third parts by the Service Users.
5.8. The Platform intends to notify Users whenever major changes are made to these Terms of Use and any other documents relating to the Platform, however it recommends that the User regularly consult the latest version of each instrument. The Platform may, at its sole and exclusive discretion, modify or revise these Terms of Use and other Policies at any time, and You agree to accept such modifications or revisions.
5.9. This document (written in Brazilian Portuguese) is governed by the Laws of the Federative Republic of Brazil and constitutes the entire agreement between the User and the Platform, taking precedence over any other agreement, verbal or written, made previously between the parts.
5.9.1. Translations of the Portuguese version of the Platform content Gymgles are provided for convenience only. If there is any conflict between the versions, the Portuguese language shall prevail.
5.9.2. Although signed by electronic means, this instrument has legal effectiveness and validity, in accordance with the civil legislation in force in Brazil (articles 422 and 425 of the Civil Code, Law No. 10.406 / 2002), without the possibility of conflict with legal clauses or with the municipality, state or country of residence of the User.
5.9.3. The omission or tolerance of the Platform to enforce strict compliance with the provisions of this document will not constitute novation or waiver, nor will it affect your rights. In addition, if any provision of this instrument is held invalid by any court of competent jurisdiction, the remaining provisions of this instrument will continue to be in full force and effect. The remaining provisions will still be valid and enforceable should any provision of this document be deemed unlawful, void or unenforceable.
5.10. Any claim, legal proceeding or proceeding arising out of the Service will be made solely in the central court of the city of Sao Paulo, state of Sao Paulo, Brazil, and the User accepts the jurisdiction of these courts, waiving any other, however privileged it may be or may come. to be.
5.10.1. You agree that, regardless of any statute or law stating otherwise, any claim or action arising out of your use of the Service must be brought within 1 (one) year after the claim or cause of such action has been commenced, or it will be prevented forever.
5.10.2. Extrajudicial communications or notifications between the parts shall be made in writing using manual, electronic or similar means, provided that in any event the receipt by the opposing part is proved.
5.10.3. Any questions, differences or situations not provided for in this regulation will be judged and decided in a sovereign and unappealable manner by the Gymgles Platform.
5.11. To clarify any doubts or provide any suggestions, the User should contact the company Gymgles using the media provided by it on Website gymgles.com.
5.12. By creating your Gymgles Platform account, you represent that you agree to the conditions set forth herein. If you do not agree with the content of this document, you should not create your Gymgles account.
