Terms and Conditions of Use
Please, read carefully before using
Published on: February 1, 2018
Date of entry into force: February 1, 2018
The following General Terms and Conditions of Use ("Terms") of the Collectgram digital platform ("Platform") outlines the rules and conditions that users ("Users") must adhere for remote access and use of the Platform, including its Website, Software, Applications, and Services.
1. Initials definitions
1.1. For the purposes of these Terms, the following definitions shall apply:
1.1.1. Collectgram / Platform: It’s a structured information platform for collectible items such as coins, tokens, banknotes, stamps, figurines and the like, made available through information technologies (mobile applications, websites, digital documents, and so forth), besides related management systems, which aim to assist users in obtaining diverse information about the collectible items of their own interest;
1.1.2. User (s) / Collector (s): Individuals or companies, including their employees or contributors, who have registered to use the Platform services, by entering their personal information and registration data and accepting these Terms;
2. About Collectgram
2.1. Collectgram is an online environment where people can learn about collecting, organizing collections and connecting with other ones who have the same affinity for collecting.
2.2. To achieve this vision, the Collectgram was structured through specialized information systems called applications and websites, designed to present information on collectible items in a structured way that assist the Collector in the search of knowledge about the items in his or her possession or in the possession of third parties.
2.3. Collectgram also works to promote relevant information about collecting and maintains a blog with articles, rich materials and videos on the subject.
2.4. Access to the Platform can be done through a mobile application, which may depend on the proper functioning of the Platform and its functionalities, the technological characteristics of the devices, the Users’ Internet connection, and the Users’ technical knowledge and capacity.
3. Platform registration and use
3.1. The User must provide current, complete and accurate information at all times, as requested in the initial registration and in the user profile for the use of the Platform. Collectgram is not obliged to monitor or control the veracity of the information provided. The User is lawfully responsible for the truthfulness of the information provided to Collectgram.
3.2. Collectgram may request the following information from the User:
3.2.1. Basic personal information including, but not limited to, full name, country of residence, valid email, date of birth, and gender.
3.2.2. Additional data may be requested according to the need to compile information about Users' profiles.
3.3. Only persons who have full legal capacity are authorized to register on the Platform. Persons who do not have this capacity, including minors, must be assisted by a parent or legal guardian.
3.4. Collectgram reserves the right to use all legal and possible means to contact its Users, as well as, at any time, request additional documents and data that, in its sole discretion, deems necessary to verify the registration data informed.
3.5. The User will be solely responsible for maintaining the confidentiality of his or her password to access the Platform, and Collectgram shall not be liable for any damages resulting from the disclosure of the User’s password to third parties.
3.6. The User registration is personal and non-transferable, being prohibited the transfer, assigning, lending or any type of loan, in any way, of the User register to third parties.
3.7. Collectgram will not be liable for User errors due to inexperience with the technologies offered, and the User is solely responsible for obtaining the knowledge for the correct use.
4. Cancellation of account
4.1. Users may terminate their account at any time by contacting Collectgram at firstname.lastname@example.org by sending your request from the registered email on which you wish to cancel.
4.2. The information and catalog services offered by Collectgram are free and in no time will there be any payments or reimbursements by Collectgram to the users, of any kind or value, if the services of the catalog are not satisfactory to the wishes of the users.
5. Platform license of use
5.1. Collectgram grants you (i) a personal, (ii) non-transferable (iii) non-exclusive, (iv) limited, (v) non-commercial, and (vi) revocable license to use the Platform on your mobile device in accordance to the conditions set forth in this Term. Collectgram reserves all rights to the Platform that are not expressly granted here.
5.2. Collectgram is not liable for damages suffered by the User due to copy, transfer, distribution or any other form of use of protected content made available in the Platform.
6. Limitations of liability
6.1. The User acknowledges and agrees that:
a) By registering and choosing to use the services presented by the Platform, the User does so at his or her sole risk. The Platform use must be made with good judgment and caution, Collectgram is not being held responsible for the consequences of using the information and tools available.
b) Users acknowledge and accept that Collectgram has no direct responsibility for any moral or material damages related to the guilty or willful misconduct of Users during the use of the services and tools. Collectgram will not be liable for any damages that it has not caused, and shall be reimbursed either directly or indirectly, in a regressive way, by the User or third party involved.
c) Collectgram does not guarantee that the Platform will always be free of errors, interruptions or oscillations and therefore can not be held liable for moral or material damages caused to Users, as well as for any unavailable information, due to any inconsistency in the operation of the Platform.
d) The User agrees that Collectgram will not be liable for any damages caused to his or her mobile device (s), computer (s), or any other electronic device as a result of the use of the Platform.
e) Collectgram shall not be liable for any damage or loss suffered by the User due to faults in his or her Internet connection with his or her provider, by the operating system or server used by the User, by arising from third party conduct, by unavoidable accident or by reasons of force majeure.
f) Collectgram shall not be liable for any virus, trojan, malware, spyware or any software that may damage, change settings or infiltrate User’s equipment due to access, use or browsing the Internet, or as a consequence of transferring of any data or information.
6.2. The User agrees to indemnify or hold harmless Collectgram and its representatives, as the case may be, in the event of any claims, proceedings, losses, liabilities and expenses, including reasonable attorneys' fees and court costs, resulting from damages or suffer directly or indirectly through the use of the Platform.
7. User responsibilities and risks
7.1. The User agrees using the Platform services on his or her free and unimpeded choice and acknowledges and accepts his or her own responsibility and risk of use of the Platform, as well as the consequences and results of its use.
7.2. The User acknowledges and declares that he or she understands and is aware of all risks involved in the use of the Platform and in the consequent use of the information provided by it, and undertakes to employ the diligence and care reasonably necessary and expected of someone who uses the services provided by the Platform.
7.3. The User acknowledges and agrees that Collectgram only performs a previous verification of the Users registered in its database by means of basic required information analysis at the moment of the registration, filled in the user profile and listed in this Term, being not responsible for the acts of its Users.
7.4. Users acknowledge that Collectgram has no obligation to verify the accuracy of the information provided by them.
8. Intellectual property
8.1. The commercial use of the expression “Collectgram” as a trademark, business name or domain name, as well as the logos, marks, insignia, layout of the Platform, contents of the screens related to the Platform services and the set of programs, databases, networks, and files that allow you to access and use your account, are property of Collectgram and are protected by international copyright laws, trademarks, patents, models and industrial designs. The improper use, and total or partial reproduction of said contents are prohibited, except with the express authorization of Collectgram.
8.2. By registering and using the Platform, the User agrees that Collectgram will use, during the period of use and up to 90 (ninety) days after its end, its name, brand, corporate name or domain name, as well as its logos or emblems, for any purpose, including commercial, advertising and in communications with third parties, without any value to the User by Collectgram.
9. Systems or database violations
9.1. The use of a device, software or other resource that may interfere with the activities and operations of the Platform, as well as in the accounts or in their databases, is prohibited. Any interference, attempt, or activity that violates or contravenes intellectual property laws and the prohibitions set forth in these Terms shall render the person responsible liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided herein, and is also responsible for indemnifying Collectgram or its Users for any damages caused.
10. General provisions
10.1. This Agreement does not imply, in any way, any partnership agreement, mandate, franchise or employment relationship between Collectgram and Users.
10.2. These Terms may be modified by Collectgram at any time and in its sole and exclusive discretion. The new Terms will come into force in 10 (ten) days after the publication in the Platform. Within 5 (five) days from the date of publication, the User must express, through the communication channel provided in the email of the change notice, its disagreement, if it does not agree with the altered terms. In this case, if the notes made by the user are not pertinent, the cancellation of the Collectgram account will be recommended to the user. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, which will continue to bind the parties.
10.3. By registering as a User on the Platform and using the services offered by Collectgram, the User declares, automatically and unconditionally, to be in compliance with these Terms and all other policies and rules made available in the Platform.
10.4. If any provision, obligation or restriction of these Terms is, by competent judgment or other authority, deemed to be invalid, void or unenforceable, all other terms, provisions, obligations and restrictions shall remain in full force and effect and may not be affected in any way , impaired or invalid.
10.5. Acceptance by either party of any breach of these Terms or failure to exercise any right conferred by them shall not be considered as novation or waiver in respect of any future breach, whether similar or not, or to the exercise by any part of any future right conferred by these Terms.
10.6. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation, fulfillment or any other questioning related to these Terms, the parties agree to submit to the Goiânia County Forum, state of Goiás.
Any doubts, suggestions or complaints regarding these General Terms and Conditions of Use may be directed to the e-mail (email@example.com).