ACCEPTANCE OF BOTH DOCUMENTS IS ABSOLUTELY IMPERATIVE TO ANY FORM OF USE OF THE WiFi Magic APPLICATION
This document is an integral part of the set of actions defined by the developer of the WiFi Magic / Mandic Magic application, hereinafter referred to as “Application” , relative to data privacy and security, with the purpose of informing the responsibilities, duties and obligations that every user assumes when downloading it.
Any individual or legal entity, hereinafter referred to as user, who wishes to use the application, shall accept the terms below.
- “WiFi Magic” refers to the application of Wi-Fi passwords sharing for mobile devices (smartphones, tablets and similar devices), which use the iOS (Apple) and Androiod operating systems.
- “User’s content” refers to (i) any content (image, text, audio or video) the user sends to the “Application”; and (ii) to any content (image, text, audio or video) related to the user produced in events connected to the “Application”. (Example: off-line meetings, contests, activities, etc.);
- “WiFi Magic Content” refers to any content made available by the “Application”; and
- “Services” refer to all information, functionalities and services made available to the “User” through the “Application”.
2. Use Authorization
In order to use the “Application, the “User” must be of age, according to the laws of each location, wherein “Application” use is prohibited by underage and incapable individuals, unless in cases provided for by the law.
The “User” who uses the “Application” on behalf of a legal entity shall have legal authorization to do so, under penalty to be criminally liable.
4. Previous Registration
Upon opening an account (exclusive and non-transferable), the “User” states that all information submitted is true and that they shall be always kept up-to-date.
To protect and restrict access to the account, the “User” states that:
- They shall not trust their personal password to third parties or allow third parties to use their “User” account;
- They shall access their account through safe connections;
- They shall not access suspect sites or links, and also shall not supply their password when browsing them, restricting the use of their identification to the use of the “Application”;
- They shall log-off their account as soon as they cease accessing it; and
- They shall not access nor try to access the accounts of other users.
The use of passwords combining letters and numbers is recommended, in order to ensure the safety of your access, as well as replacing it from time to time.
The “User” is fully responsible for ensuring the confidentiality of their password to the “Application” and for all activities that may occur through their exclusive account.
5. User Content and Responsibilities
All content made available by the “User” is of their full responsibility, as well as their use.
The “User” is the single responsible for their “User Content” and assumes all risks and responsibilities related thereto, including any disclosure of information allowing third parties to identify them.
The “Application” database is not subject to previous editorial control, and the “User” is responsible for what is published, also ensuring that information published in their “User content” is true.
Advertisements, information and all content published in the pages of third parties are of full responsibility of those offering them, even though the links are presented by the “Application”. The “User” must pay attention to the correction, clarity and accuracy of such offers, once any losses resulting of such advertisements are of full responsibility of the advertising company.
The “User” who chooses to use any offers of these advertisers, partners or other sites, shall do so under their own risk, and must, as a result thereof, always verify the credibility of the advertiser and of the third party.
6. Legal content and activities
There is no obligation of maintaining or supplying copies to the “User” regarding their “User Content”.
The “User” also ensures that they shall NOT use the “Application” to:
- Promote false or misleading information, illegal activities or inadequate conduct;
- Share information of offensive, illegal or abusive content. Example: Obscenities or explicit sex;
- Promote crime, intolerance, discrimination or racism;
- Accuse third parties;
- Breach the law or rights of third parties;
- Include data, pictures or any other information of third parties without the express consent of said third party by writing;
- Disclose negotiated information or opinions;
- Disclosing promotional or business information. Example: Links to personal blogs or websites or of third parties, except when expressly authorized to do so;
- Interfere in the functioning, remove or change any information or warning of the “Application”;
- Interfere in the use of the “Application” by another “User”;
- Disclose a programming routine that may interfere, damage, intercept or appropriate any system, data, information of the “User” or “WiFi Magic”, as well as to recover, steal or access unauthorized third-party information; or for any other unauthorized purpose; and
- Reproduce or, in any other way, exploit the “Application”, except relative to the content of their own authorship or if expressly authorized.
7. Content Use Authorization
When using the “Application”, the “User”:
- Grants, for an indefinite term, a non-exclusive and free authorization (with the right to grant sublicenses), irrevocable and transferable, allowing the free use of their “User Content” , including, but not limited to, storage, exhibition, copy, adaptation, modification, reproduction and broadcast;
- Grants to the users of the “Application” the right of accessing their content, waiving at any claim of copyrights regarding their “User Content”;
- Understands that, considering the granting to the non-exclusive and free authorization ““ referred to in item “a”, shall have no right to any compensation for the use of their “User Content” ; and
- Agrees in paying any amounts, royalties, as well as indemnifications that may be due to third parties as a result of any content supplied thereby.
The cancellation of the “User” account does not imply in revoking this license, which is irrevocable, except upon a written agreement between the parties.
8. Services Offered
The continuation of services made available by the “Application”, under development, and any responsibilities for effects caused by interruption, modification and cancellation thereof, is not guaranteed.
All information made available by the “Application” is of full and exclusive responsibility of the “User” who has published it.
Services offered for free must be seen by the “User” as temporary gifts, reason why they may be interrupted, modified or cancelled at any moment without previous notice.
9. Information Privacy
Confidential data of the users shall only be supplied in case of legal request, or a similar process, issued by a court of competent jurisdiction or a governmental agency.
The developer of the “Application”:
- Does not ensure the safety of the WiFi networks registered by the users, once they are administered by third parties not related to the “Application” , and we remind you that information published are of merely informative character;
- Does not ensure that the “Application”, under development, shall be free of interruptions, modifications or errors, therefore, its full functioning is not guaranteed.
- Denies any responsibility for any losses or damages resulting of the use of this “Application” upon unprotected connection. Example: Losses or damages resulting of access of third parties to their account; data interception;
- Is not responsible for the conduct of any users;
- Denies any responsibility for any loss or damage resulting of communication or relationship of the “User” with any third party, advertiser or not;
- Is not responsible for any inaccurate, wrong or malicious content;
- Is not responsible for the Internet connection service or for the malfunctioning of the mobile device of the “User”;
- Does not guarantee the quality of the “Application”, under development; and
- Shall not be responsible for any loss or damage resulting of the use of the “Application” or for the publishing of any content by the “User”, who must care for the privacy of their password to the “Application”.
11. Indemnification and Demands
The “User” agrees in indemnifying the developer of the “Application” , controlled or controlling companies, as well as their directors, administrators, collaborators, representatives and employees for any complaint or demand, including regarding attorneys’ fees, brought by any third party due to, or as a result of, their use of the “Application”.
The developer of the “Application”, or whoever is authorized thereby, reserves the right to assume the exclusive control of any proceeding through which the “User” may indemnify us, and also agrees to cooperate with the defense in such proceedings and also to not enter into any agreement in such proceedings without the previous written consent of whoever assumes the defense.
12. Final Considerations
An eventual tolerance to the exercise or execution of any right or provision hereof shall not mean a novation, transaction or waiver to said right or provision, constituting a mere liberality.
The voidance of any clause or item hereof shall not prejudice the others, which shall remain in full effect and must be fully complied with.