TERMS AND CONDITIONS OF USE BETWEEN PRANKMANIA AND THE USER
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.
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.
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.
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.
6.7. 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
7.2. 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.
7.3.3. 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;
7.3.8. 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.
7.4.2. 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.
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.
9. General Conditions
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.
9.7. 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.
9.9. 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.