Hello, welcome to Play2sell! We are a gamification platform. These terms of this contract (“Terms of Use”) govern the relationship between you and Play2sell, a private legal entity, registered under CNPJ/MF no. 28.864.200/0001-01, headquartered at Rua Gomes de Carvalho, 911 4th floor - Room 412, Vila Olimpia, São Paulo - SP, 04547-003 (hereinafter referred to as “Play2sell” or “We”) in relation to your use of the games, websites, and relevant services of Play2sell (the “Service”). The use of the Service is also regulated by the Play2sell Privacy Policy and other relevant policies, which are incorporated into this document by reference. Before accessing or using the Service, which includes browsing the Play2sell app (APP) and accessing its games, you must agree to the Terms of Use and the Privacy Policy. You are also required to register an account with the Service (an “Account”). By registering an account or using the Service in any other way, you represent that you are 16 years of age or older. If you are between 16 and 17 years old, you declare that your legal guardian has reviewed and agrees to these Terms. If you access the Service from a Social Network Site (“SNS”), such as Facebook or Google+, you must comply with the terms of service/use of those sites, as well as these Terms of Use. BY INSTALLING, USING, OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT INSTALL, USE, OR ACCESS THE SERVICE. USE OF THE SERVICE SHALL BE NULL WHERE PROHIBITED. Play2sell reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use, its Privacy Policy, as well as any other relevant Play2sell policies, by posting the amended terms on the Play2sell Service. Continued use of the Service will imply acceptance of such changes. If at any time you do not agree with any part of the latest version of our Terms of Use, the Play2sell Privacy Policy, or any other Play2sell policy, rules, or codes of conduct related to your use of the Service, your license to use the Service will terminate immediately, and you must cease using the Service immediately. If you have any questions or suggestions regarding these Terms of Use, please contact us via email at contato@play2sell.com.

License

Grant of Limited License for Use of the Service

Subject to your agreement with these Terms of Use, as well as other applicable policies of Play2sell and your ongoing compliance therewith, Play2sell grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service for your own entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service: You are not authorized to create an Account or access the Service if you are under 16 years of age; you must restrict usage by minors and deny access to children under 16 years. You accept full responsibility for unauthorized use of the Service by minors. You are responsible for the use of your credit card or other payment instrument (e.g., PayPal) by minors. You may not (and may not attempt to) buy, sell, rent, or give away your Account, create an Account using false identity or data, or on behalf of another person; you may not use the Service if you have previously been removed from or banned from playing any Play2sell game. You must use your Account only for non-commercial purposes; you may not use the Service for advertising or solicit or transmit commercial advertisements, including chains, direct mail, spam, or repetitive or misleading messages to anyone.

Grant of Limited License for Use of the Service

Subject to your agreement with these Terms of Use, as well as other applicable policies of Play2sell and your ongoing compliance therewith, Play2sell grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service for your own entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service: You are not authorized to create an Account or access the Service if you are under 16 years of age; you must restrict usage by minors and deny access to children under 16 years. You accept full responsibility for unauthorized use of the Service by minors. You are responsible for the use of your credit card or other payment instrument (e.g., PayPal) by minors. You may not (and may not attempt to) buy, sell, rent, or give away your Account, create an Account using false identity or data, or on behalf of another person; you may not use the Service if you have previously been removed from or banned from playing any Play2sell game. You must use your Account only for non-commercial purposes; you may not use the Service for advertising or solicit or transmit commercial advertisements, including chains, direct mail, spam, or repetitive or misleading messages to anyone.

Access Data and Your Account:

You will be prompted to choose a password for your account. Alternatively, you may use other credentials to access the Account ('Login Information'). You must not share the Account or Login Information, nor allow anyone else to access your Account or take any action that may compromise the security of your Account. If you become aware of or suspect any security violations, including but not limited to loss, theft, or unauthorized disclosure of Login Information, you must immediately notify Play2sell and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information and will be responsible for all authorized or unauthorized uses of the Login Information, including purchases. You are responsible for everything that happens through your Account. Play2sell reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to third-party claims that a username violates third-party rights. The Service supports only one Account per game on a compatible device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited and may result in immediate revocation of your limited license and hold you accountable for violations of the law. You agree to refrain, under any circumstances, from: Engaging in any act that Play2sell deems inconsistent with the spirit or purpose of the Service or misusing Play2sell's support services. Using or participating (directly or indirectly) in cheating, exploiting errors, using automation software, bots, hacks, modifications, or any unauthorized third-party software designed to modify the Service or interfere with the Service, Play2sell games, or the Play2sell gaming experience. Altering or causing the alteration of files that are part of the Service or Play2sell games without Play2sell's express written consent. Interrupting, interfering with, or otherwise adversely affecting the normal flow of the Service or acting in a way that may negatively affect other users' experience when using the Service and/or playing Play2sell games. This includes trading wins and any other type of ranking manipulation, taking advantage of errors in the Service to gain unfair advantage over other players, and any other intentional violation or non-compliance with the purpose of the Service. Disrupting, overloading, assisting, or contributing to the disruption or overload of any computer or server (“Server”) used to provide or support the Service or Play2sell gaming environments. Instigating, assisting, or engaging in any type of attack, including but not limited to virus distribution, denial of service attacks, or other attempts to disrupt the Service, use, or enjoyment of the same by another person. Attempting to gain unauthorized access to the Service, registered Accounts for others, or computers, Servers, or networks connected to the Service through any means other than the user interface provided by Play2sell, including but not limited to circumventing or modifying, attempting to circumvent or modify security, technology, devices, or software that are part of the Service. Posting any information that is offensive, threatening, obscene, defamatory, libelous, or otherwise questionable or offensive, whether racially, sexually, religiously, questionably, or offensively, or engaging in ongoing negative behavior, such as repeatedly posting unsolicited information. Posting information that contains nudity, excessive violence, offensive material, or that contains links to such content. Harassing, offending, insulting, or harming third parties, including Play2sell employees and customer support representatives, or attempting to engage in such acts, or advocating or inciting such acts. Making available through the Service materials or information that infringe copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other rights of third parties or legal entities or impersonate another person, including but not limited to Play2sell employees. Reverse engineering, decompiling, disassembling, decrypting, or attempting to obtain the source code of underlying software or other intellectual property used to provide the Service or Play2sell games, or obtaining information from the Service or Play2sell games using methods not expressly permitted by Play2sell. Soliciting or attempting to solicit Login Information or any other login credentials or personal information from other users of the Service or Play2sell games. Collecting or posting someone's private information, including personally identifying information (in the form of text, image, or video), identification documents, or financial information through the Service. Play2sell reserves the right to determine what conduct it considers to violate the rules of use or that is otherwise inconsistent with or contrary to the spirit of these Terms of Use or the Service itself. Play2sell reserves the right to take action, as a result of such conduct, which may include the termination of your Account and the prohibition of your use of the Service, in whole or in part.

Account Suspension and Termination, Service Termination

Without limiting other remedies, Play2sell may limit, suspend, terminate, modify, or delete accounts or access to the services, or parts of the service, in the event of a breach of these terms of use or if Play2sell suspects that you have failed to comply with them, or due to illegal or improper use of the service, or suspected such use, without prior notice. You may lose your name and character in the service as a result of account termination or limitation, as well as benefits, privileges, acquired items, and purchased items related to your use of the service, with Play2sell being exempt from compensating you for such losses or outcomes. Without limiting our other remedies, we may limit, suspend, or terminate the service and user accounts, or parts thereof, prohibit access to our games and websites, as well as to the content, services, and tools of these, delay or remove hosted content, and take technical and legal measures to prevent users from accessing the service if we believe they may pose risks or potential legal liabilities, violate third-party intellectual property rights, or act inconsistently with the nature or scope of our terms or policies. Additionally, in appropriate circumstances and at our sole discretion, we may suspend or terminate user accounts that are repeat infringers of third-party intellectual property rights.

PLAY2SELL RESERVES THE RIGHT TO TERMINATE ACCOUNTS THAT ARE INACTIVE FOR 180 DAYS.

Play2sell reserves the right to cease offering and/or maintaining the Service or specific game or part of the Service at any time, without prior notice, which will result in the automatic cancellation of your license to use the Service or part of it. In such cases, Play2sell will not be obligated to provide refunds, benefits, or other compensation to users in relation to such interrupted Services. The termination of your Account may include the deactivation of access to the Service or part of it, including content submitted by you or third parties. You can terminate your Account at any time and for any reason by notifying Play2sell that you intend to terminate your Account via email at suporte@play2sell.com. Play2sell shall not be liable for any damage, loss, or harm suffered due to the suspension or termination of your Account. Play2sell shall also not be responsible for any viruses that may attack your equipment as a result of accessing, using, or navigating the internet or due to the transfer of data, files, images, texts, videos, or audio.

Propriedade

Games and Service

All titles and rights to the Service (including, but not limited to, games, titles, computer code, themes, objects, characters, character names, stories, dialogues, catchphrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using Play2sell game client and Play2sell game clients and server software) are owned by Play2sell. Play2sell reserves all rights, including but not limited to intellectual property or other proprietary rights related to the games and the Service.

Accounts

Notwithstanding any contrary provisions herein, you acknowledge and agree that you shall have no ownership or other property rights in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Play2sell.

Virtual Items

Play2sell owns, licenses, or has the rights to use all the content that appears on the Service or in Play2sell's games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title to any content currently appearing or originating from any Play2sell game, including, but not limited to, virtual goods or currency appearing or originating from any Play2sell game, whether earned in a game or purchased from Play2sell, or any other attributes associated with an Account or stored on the Service.

User Content

“User Content” means any communications, images, sounds, and all materials, data, and information that you submit or transmit through a Play2sell game client or the Service, or that other users submit or transmit, including, but not limited to, chat texts. By transmitting or submitting User Content during the use of the Service, you affirm, represent, and warrant that such transmission or submission (A) is accurate and not confidential or misleading; (B) does not violate laws, contractual restrictions, or other rights of third parties, and that you have permission from third parties whose personal information or intellectual property is part of the User Content; (C) is free from viruses, adware, spyware, worms, or other malicious code; and (D) you acknowledge and agree that your personal information that is part of such content will always be processed by Play2sell in accordance with its.

Content monitoring

Play2sell does not take responsibility for the conduct of users who submit User Content and assumes no obligation to monitor the Service for inappropriate Content or conduct. We do not monitor, and cannot monitor, all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You assume all risks associated with the use of User Content available through the Service. At our discretion, our representatives or our technology may monitor and/or record your interaction with the Service or your communications, including but not limited to chat texts, when you use the Service. By agreeing to these Terms of Use, you irrevocably consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including but not limited to chat texts and/or voice communications. Play2sell reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, disable access to, or make unavailable any User Content, for any reason or no reason, at any time. If at any time Play2sell chooses, in its sole discretion, to monitor the Service, Play2sell assumes no responsibility for User Content and is under no obligation to modify or remove inappropriate User Content. Therefore, we have the right, but not the obligation, at our sole discretion, to edit, refuse publication, or remove User Content.

Use of User's Image

You hereby authorize the disclosure of your image, name, and profile picture for the recording of promotional videos, advertisements, brochures, electronic messages, on the Play2sell website and all of its partners, as well as on all social networks and communication platforms such as Instagram, Facebook, Linkedin, YouTube, and email, all related to the purpose of this Agreement. By this act, you authorize and express your will and declare your authorization for the above-described use, without anything being claimed at any time during the term of these Terms of Use, for the purpose of related rights to your image or that of any other User. The authorization is granted free of charge, covering the use of the image throughout the national territory and abroad, for a period of 5 years. At any time, you can revoke this authorization, and for this purpose, you must cease the use of games, applications, websites, and services, following the path set forth in the Terms of Use, and immediately inform Play2sell of your decision to cease using the platform so that Play2sell can take the necessary actions to cease the use of the image and replace it.

Your License to Play2sell

Through this document, you grant Play2sell an irrevocable, perpetual, transferable, fully paid-up, royalty-free, and worldwide license (including the right to sublicense and assign to third parties) and the right to copy, reproduce, correct, adapt, modify, create derivative works, manufacture, market, publish, distribute, sell, license, sublicense, transfer, rent, transmit, publicly display, publicly perform, or provide electronic access, broadcast, communicate to the public by telecommunications, display, perform, store in computer memory, and use and practice, in any way, your User Content, as well as all modified and derivative works thereof, in relation to our provision of the Service, including the marketing and promotion of the Service. By this document, you also grant Play2sell the right to authorize third parties to exercise the rights granted to Play2sell under these Terms of Use. Furthermore, as explained in the above section, you grant Play2sell the unconditional and irrevocable right to use and exploit your name, your image, and other information or materials included in User Content related to the User Content, without any obligation to you. Except as prohibited by law, you waive any attribution rights and/or moral rights that you may have in relation to your User Content, regardless of whether such User Content has been altered or modified in any way. Play2sell does not claim ownership rights over your User Content, and there is nothing expressed in these Terms of Use that aims to restrict the rights you may have concerning the use and exploitation of your User Content. Play2sell is under no obligation to monitor or enforce your intellectual property rights over your User Content.

Use of Information by Other Service Members

Public Speaking

The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Play2sell cannot guarantee that other members will not use the ideas and information you share. Therefore, if you have ideas or information that you would like to keep confidential and/or do not want others to use, do not post them on the Service. Play2sell is not responsible for evaluating, using, or compensating you for ideas or information you may choose to submit.

Responsibility for Own Content

You are solely responsible for the information you post on the Service, through the Service, or related to it, and that you provide to others. Play2sell may reject, refuse publication, or delete User Content for any reason or without reason that, at the sole discretion of Play2sell, violates the Terms of Use and/or the Privacy Policy.

User Interactions

You are solely responsible for your interactions with other users of the Service and with other parties with whom you interact through the Service and/or Play2sell games. Play2sell reserves the right, but not the obligation, to become involved in any way with such disputes. You shall fully cooperate with Play2sell to investigate suspicious, illegal, fraudulent, or inappropriate activities, including but not limited to granting Play2sell access to parts of your password-protected Account. In the event of a dispute with one or more users, you release us (and our directors, agents, subsidiaries, joint ventures, and employees) from actions, demands, and damages (both direct and indirect) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Fees and Purchase Terms

In the Service, you may purchase, with 'real world' money, a limited, personal, non-transferable, non-sublicensable, and revocable license to use: (a) 'virtual currency,' including, but not limited to virtual cash or diamonds, all for use in Play2sell games; (b) 'virtual in-game items' (together with 'virtual currency,' 'Virtual Items'); and (c) other goods or services ('Goods'). You are only allowed to purchase Virtual Items from Play2sell or our authorized partners through the Service and not through any other means. Play2sell may manage, regulate, control, modify, or remove Virtual Items and/or Goods at any time, with or without notice. Play2sell has no liability to you or any third party in the event Play2sell exercises these rights. The transfer of Virtual Items and Goods is prohibited except where expressly authorized in the Service. Unless expressly authorized in the Service, you may not sell, purchase, trade, or otherwise transfer Virtual Items or Goods to any individual or entity, including, without limitation, Play2sell, other users, or third parties.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in games is a service provided by Play2sell that begins immediately after your purchase is accepted by Play2sell.

Payment of Fees

You agree to pay all fees and taxes incurred by you or others through an account registered to you. Play2sell may review prices for products and services offered through the Service at any time. You acknowledge that Play2sell is not obligated to refund for any reason and that you will not receive money or other compensation for unused virtual items when an account is terminated, whether such termination is voluntary or not, or if Play2sell decides to terminate the service.

Service Updates

You understand that the Service is evolving. Play2sell may require you to accept updates to the Service and Play2sell games installed on your device or computer. You acknowledge and agree that Play2sell may update the Service and Play2sell games, with or without notifying you. It may be necessary for you to update third-party software over time to receive the Service and play Play2sell games.

Disclaimer of Warranties

Without limiting Play2sell's liability as set forth in Section 7 below, the service is provided 'as is' and 'as available' for your use, without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, arising from course of dealing or usage of trade, or those arising out of the use or performance of the service or trade practices or commercial use. Play2sell does not warrant that you will be able to access or use the service at times or locations of your choice, that the service will be uninterrupted or error-free, that defects will be corrected, or that the game or service will be free from viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above disclaimers may not apply to you.

Limitation of Liability; Exclusive and Sole Jurisdiction; Indemnification

To the maximum extent permitted by law, Play2sell shall not be liable to you for indirect, incidental, consequential, special, punitive, or similar damages, including but not limited to loss of revenue, lost profits, loss of data, or business interruption, or other intangible losses arising from these Terms of Use or the Service itself, or related in any way thereto, whether based on contract, tort, or other legal theories, and regardless of whether Play2sell has been advised of the possibility of such damages. Play2sell shall not be liable for more than the amount paid to Play2sell under these Terms of Service in the six (6) months immediately preceding the date on which your right to claim damages arose. You acknowledge and agree that if you have not paid anything to Play2sell during such time period, your sole remedy (and Play2sell's sole liability) for any dispute with Play2sell is to stop using the Service and cancel your account. In particular, nothing in these Terms of Use shall affect consumers' legal rights or exclude or limit liability for death or personal injury resulting from Play2sell's negligence or fraud. You agree to indemnify, defend, and hold harmless Play2sell (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, damages, or other losses, including reasonable attorneys' fees, asserted by third parties arising and/or resulting from your use of the Service or from your violation of these Terms of Use. However, the foregoing shall not apply if the violation of rights is not attributable to willful or negligent conduct.

Dispute Resolution and Law

In case of a dispute between you and Play2sell, we recommend that you first contact us directly to seek a solution by sending an email to support@play2sell.com. You agree that all disputes between you and Play2sell will be governed by the laws of Brazil, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Play2sell must be resolved exclusively by a court located in São Paulo-SP, Brazil.

Independence of Contractual Clauses

It is agreed between you and Play2sell that if any part of these Terms of Use or Play2sell's Privacy Policy is deemed illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision, to the extent of such jurisdiction, shall be deemed invalid only to the extent of such determination of invalidity or unenforceability, without affecting its validity or enforceability in other jurisdictions, without prejudice to the remaining provisions of the terms, which shall remain in full force and effect.

Assignment

Independence of Contractual Clauses

It is agreed between you and Play2sell that if any part of these Terms of Use or Play2sell's Privacy Policy is deemed illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision, to the extent of such jurisdiction, shall be deemed invalid only to the extent of such determination of invalidity or unenforceability, without affecting its validity or enforceability in other jurisdictions, without prejudice to the remaining provisions of the terms, which shall remain in full force and effect.

Third-party Links

Certain products, content, and services available on the Platform may include third-party materials. Third-party links on the Platform may direct you to third-party websites that are not affiliated with Play2sell, which is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Play2sell is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Supplementary Policies

Play2sell may post additional policies related to specific services, such as forums, contests, or loyalty programs. Your right to use these services is subject to such specific policies and these Terms of Use.

Integrity of the Contract

These Terms of Use, the Supplementary Policies, and the documents expressly incorporated by reference in this document (including Play2sell's Privacy Policy) constitute the entire agreement between you and Play2sell, and supersede all prior understandings between the parties relating to the subject matter, whether electronic, oral, or written, or established through use, practice, policy, or precedent, between you and us regarding the Service.

Intellectual Property

Unless otherwise stated, Play2sell is the exclusive owner of all intellectual property rights related to the technology of the Platform, such as know-how, unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, other trade secret rights, and other intellectual property rights derived from these, and similar forms of protection anywhere in the world. Intellectual property rights of third-party websites and services belong to their respective owners. No intellectual property rights are granted to the User beyond what is expressly provided in these Terms of Use. Access to the source code of the Platform is prohibited, and the knowledge, use, and manipulation thereof are exclusively reserved for Play2sell, protected by legal confidentiality.

Absence of Waiver

The omission on the part of Play2sell to demand strict compliance with the provisions of these Terms of Use or Play2sell's Privacy Policy, or the omission to exercise rights provided in said documents, cannot be construed as a waiver or abandonment of Play2sell's right to enforce such provisions or avail itself of them on other occasions. Play2sell's express waiver of provisions, conditions, or requirements of these Terms of Use or Play2sell's Privacy Policy shall not constitute a waiver of future obligations to comply with such provisions, conditions, or requirements. Except as expressly and specifically provided in these Terms of Use, no statement, affirmation, authorization, waiver, or other acts or omissions by Play2sell shall be deemed to modify these Terms of Use, and they shall not be legally binding unless physically documented in writing and hand-signed by you and a designated director of Play2sell, with both signatures duly notarized.

Notices

We may send you notices through postings on the website www.p2s.me, through email, SMS and WhatsApp, or through other means of communication using the contact information you have provided.

Equitable remedies

You acknowledge that the rights granted and the obligations assumed under these Terms of Use for Play2sell are of a unique and irreplaceable nature, the loss of which will cause Play2sell irreparable harm that cannot be replaced solely by monetary damages, so Play2sell will be entitled to equitable remedies (without obligations to post bond or security or proof of damages), in the event of violations or anticipated breaches caused by you. You irrevocably waive the right to seek remedies of specific performance or other equitable remedies or to enjoin or restrain the operation of the Service or Play2sell games, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Service or content or other materials used or displayed through the Service, and agree to limit your claims to claims for monetary damages, limited by Section 7 (if applicable).

Force Majeure

Play2sell shall not be responsible for delays or failures to perform resulting from causes outside the reasonable control of Play2sell, including but not limited to, delays or failures to perform outlined in this document caused by unforeseen circumstances or causes beyond the control of Play2sell, such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials, or other acts of God.