TERMS, CONDITIONS AND POLICIES OF USE OF “JUSTIN GELBAND” PLATFORM SERVICES
Welcome to the “JUSTIN GELBAND PLATFORM” or simply “JG”. This is a service from JG FITNESS & TECHNOLOGY LTDA, a corporation duly registered and valid in accordance with the Laws of the Federative Republic of Brazil, headquartered in the city of Sao Paulo, in the State of Sao Paulo, at Av Geovanni Gronchi, no 6195, Sala 915, Vila Andrade, registered with the CNPJ no. 46.019.783/0001-56. This is a Platform created and developed by START Plataforma de Educação Ltda, a corporation duly registered and valid in accordance with the Laws of the Federative Republic of Brazil, Brazil, headquartered in the city of Sao Paulo, in the State of Sao Paulo, at Av Geovanni Gronchi, no 6195, Sala 915, Vila Andrade, registered with the CNPJ no.45.453.667/0001-88, for its entertainment, learning, social interactions, purchase of physical or virtual products and relationship program, with JUSTIN GELBAND PLATFORM (JG) being the owner of all its content, copyrights and intellectual property protected by law and with use governed by the following TERMS, CONDITIONS AND POLICIES OF USE.
Please read the TERMS, CONDITIONS, AND POLICIES OF USE carefully before accessing this Platform.
By accessing or using this website, mobile web, mobile device application or other “JUSTIN GELBAND” product or service (collectively referred to as the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, the “device”), you represent and warrant that you have read, understood, agreed and fully accepted the terms and conditions of use, whether or not you are registered as a user or subscriber of the “JUSTIN GELBAND”, and you agree to be limited by any modifications and revisions made at any time in the said TERMS, CONDITIONS AND POLICIES OF USE of the Platform.
The “JUSTIN GELBAND” may freely and in its sole discretion alter the TERMS, CONDITIONS AND POLICIES OF USE at any time and without prior notice for any reason by simply posting on the Platform the updated and valid TERMS, CONDITIONS AND POLICIES OF USE, which is why you should always review and check the updated version that will be available at the electronic address www.justingelband.com.
Your participation in and use of the Platform shall be governed exclusively by these TERMS, CONDITIONS AND POLICIES OF USE, and if you do not agree for any reason with this TERMS, CONDITIONS AND POLICIES OF USE, totally or partially, DO NOT USE THE PLATFORM. The use of the Platform shall be deemed to be your consent and fully accepted in relation to the revised and current TERMS, CONDITIONS AND POLICIES OF USE of the Platform.
1. THE APP
The Justin Gelband app is available for download from the Google Play and Apple store app stores. For Android system the app requires and version 5.0 or higher. For iOS system the app requires iOS 12.0 or later. You could also use the responsive web app at app.justingelband.com.
2. WARNINGS AND FUNCTIONAL RESTRICTIONS
The platform was developed using, among other materials, the “Justin Gelband Training Methodology”, developed by Justin Gelband, also referencing the personal, professional and exclusive experiences of the professional, not therefore certifying or guaranteeing any result, such that “JUSTIN GELBAND” cannot be held responsible for the results and gains obtained by the users.
3. WARNINGS AND RISKS RELATED TO THE PRACTICE OF PHYSICAL ACTIVITY
This platform may eventually include several features and applications that are aimed at promotion of physical activity to be performed by registered or non-registered users and “JUSTIN GELBAND PLATFORM” subscribers. Therefore, consider all the risks involved in this practice and always consult your doctor before doing any physical activity that is indicated, promoted or encouraged by the Platform itself.
The “JUSTIN GELBAND PLATFORM” and the authorized professionals involved in the development and availability of the services shall not be liable for any injury, wound, muscle fatigue or damage of any nature whatsoever arising from use or from the User’s inability to use the Platform resources, either registered or not, and subscribers of the “JUSTIN GELBAND PLATFORM”.
The possible constant virtual monitoring of fatigue by the Platform does not fully guarantee the safety, physical health and well-being of registered users and non-registered users, and subscribers of the “JUSTIN GELBAND PLATFORM”, nor does it exempt the user from the risk of injuries, as registered users, non-registered users, and subscribers of the “JUSTIN GELBAND PLATFORM” must always consult with a doctor and/or a specialized health professional before practicing any physical activity that is indicated, promoted or stimulated by the Platform itself.
The “JUSTIN GELBAND PLATFORM” and the authorized professionals involved in the development and availability of the services shall not be liable for any damages and losses of any nature caused and/or supported by users of the Platform and those who do not agree with the guidelines and determinations of these TERMS, CONDITIONS AND POLICIES OF USE.
4. GUIDELINES FOR THE PRACTICE OF PHYSICAL ACTIVITY, NUTRITIONAL AND PSYCHOLOGICAL INFORMATION
The physical, nutritional and psychological activities suggested by the Platform are indicated by qualified professionals with professional certifications, however these activities cannot be considered recommendations, guidelines or prescriptions for nutritional or medical purposes, therefore, the user should always consult his or her physician and/or specialized health professional prior to the adoption of any practice indicated, promoted or stimulated by the Platform, to ensure the appropriateness and correctness of the suggested measures for his or her own conditions, predispositions and specificities.
5. SUBSCRIPTION PRICING AND TERMS
Customers who buy JG will pay the amounts following the tables below, with automatic renewals, according to the origin of their subscription (application stores or mobile operators), periodicity (weekly, monthly or annual) and a half payment options, during the entire period in which the service remains active, even if it is not accessed.
COLOCAR A TABELA
The values of the service may be changed or varied, upon prior and express communication to the subscriber Customers, according to the form of contracting, the Customer being aware that any amounts other than those provided for in this Term will be informed directly in the contracting.
6. INTELLECTUAL PROPERTY
All intellectual property of this Platform (except for user-generated content that is assigned through acceptance of these TERMS, CONDITIONS AND POLICIES OF USE) is owned by JG FITNESS & TECHNOLOGY LTDA (JG) and its licensors, whichever the case may be, which includes copyrighted materials, trademarks or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by JG FITNESS & TECHNOLOGY LTDA (JG). All content of the Platform (except for user-generated content that is granted through acceptance of these TERMS, CONDITIONS AND POLICIES OF USE), including but not limited to text, expert consultation, professionally validated content, software, scripts, code, designs, graphics, photos, sounds, music, videos, images, applications, interactive features and other content (“Content”) is a collective work protected by applicable Laws and Copyright Laws. All rights reserved.
7. RESTRICTIONS OF USE OF THE PLATFORM
You may use the Content owned by JG FITNESS & TECHNOLOGY LTDA (JG) or licensed to JG FITNESS & TECHNOLOGY LTDA (JG) only for your own non-commercial use, to participate in the Platform with its features, to consume, generate, receive, evaluate, share, comment on, moderate, denounce Content, to interact with other registered users or subscribers, or to purchase physical or virtual products on the “JUSTIN GELBAND” Platform.
You agree not to alter or delete any proprietary notices of materials downloaded or printed from the Platform. You agree not to modify, alter, copy, translate, broadcast, display, distribute, adjust, reproduce, republish, download, publish, transmit, donate, assign or sell any intellectual property or Content present on the Platform, including the content generated by the user (defined below), without the prior written consent of the “JUSTIN GELBAND”, unless it is your own user-generated content that you have legally and legitimately posted on the Platform.
You agree not to use any data mining, robots, data scraping or similar methods of data collection. Nothing in these TERMS, CONDITIONS AND POLICIES OF USE shall be construed as assignment, transfer or grant of any intellectual property license to you.
8. PROTECTION OF USER NAME/PASSWORD
You are solely responsible for any actions that may occur while using your “JUSTIN GELBAND” account. Protect your username/password and under no circumstances allow anyone else to use your username/password to access the Platform. Your username/password is personal, non-transferable and your (user) full and sole responsibility, and therefore, must be maintained entirely confidential.
The ”JUSTIN GELBAND” shall in no way be liable for any loss or damage of any kind resulting from the improper or unauthorized use of your username/password by any third party, with or without your knowledge. You will not share your password (or, in the case of developers, your secret key), not allow anyone else access your account, or otherwise act in such a manner that could compromise the security of your account. You will not provide any false personal information on the Platform, nor create a User for anyone other than you without permission. You will keep your contact information accurate and up to date, being fully responsible to “JUSTIN GELBAND” and/or any third parties for the data made available on the Platform and for the damages you have caused due to divergences in such data and registration information.
9. USER-GENERATED CONTENT
“User Generated Content” means communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds and any other content that you and/or other registered Platform users or subscribers publish or make available on or through the Platform, except those contents that are owned by JG FITNESS & TECHNOLOGY LTDA (JG).
The content published by you may be used amply and freely, including as part of the methodology of the “JUSTIN GELBAND”, regardless of any prior consent or authorization and will be accessible to other registered users or subscribers of the Platform, as well as to Internet users in general via mechanisms of web search, freeing said practice by “JUSTIN GELBAND” of violation of copyrights, image rights and privacy, nor generating compensations and indemnities for damages of any nature, including after the closing of the account by the registered Platform user or subscriber.
9.1. PUBLICATION RULES FOR USER-GENERATED CONTENT AND USER CONDUCT
You are solely responsible for your generated or published content, for ratings, sharing, comments, moderated content, your interactions with other users and subscribers, your opinion, and your activity on the Platform. Do not take any action and do not publish anything that is contrary to current standards, morals and good manners and also take no action nor publish anything that may expose JG FITNESS & TECHNOLOGY LTDA (JG), “JUSTIN GELBAND” or expose its registered or non-registered users or subscribers to any kind of damage or liability.
The “JUSTIN GELBAND” reserves the right to remove any and all content that, in its sole and exclusive discretion, it considers offensive or inappropriate, including through complaints from third parties.
Do not post or disseminate any user-generated content, do not do anything or use the Platform in any way that violates any law, creates liability or promotes illegal activities. Do not take any action on the Platform with the intent to harm, disable, interfere with, disturb, damage, disqualify, disable, overburden, or limit the functionality of any computer software or hardware or any software or hardware, telecommunications equipment, or the Platform. Do not post or disseminate user-generated content that contains software viruses, programs, or other computer codes. Do not alter by any means, or modify, any Platform security or software technology.
- APPROPRIATENESS AND MANAGEMENT OF USER-GENERATED CONTENT
Be focused on the challenge and post only content, videos and constructive comments on the Platform. Unless the Platform emphasizes and specifically requests such items, do not discuss issues unrelated to the topic proposed by the Platform, as you will also be collaborating with the learning process and experience of the other users of the Platform
Accusations, exaggerations and insults are prohibited. Do not post any content or a link from a website that the “JUSTIN GELBAND” judges to be irrelevant to the topic, or unlawful, offensive, defamatory, provocative, inaccurate, malicious, fraudulent, false, indecent, threatening, intimidating, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, an invasion of privacy, advertising, intellectual property, proprietary, offensive in a sexual, racial, cultural or ethnic context that would threaten or harm the safety of others or objection. Do not post photos, videos or texts of others without their consent. Do not persecute, intimidate, abuse, threaten, harass or harm another Platform user.
- MAINTAIN AND PROTECT YOUR PRIVACY
Do not post personal information on the Platform. Do not collect or solicit personal information from other users of the Platform or send unsolicited messages or other communications. Do not collect, use or post on the Platform the private information of any other person without his or her consent or for any illegal purposes.
- PERTAINING TO PERSON – ORIGINALITY
The Platform should not be used for any other commercial purpose. Do not post any advertisement, solicitation or commercial content of any kind on the Platform or accept payments from third parties in exchange for commercial activity on the Platform. Do not post any user-generated content that involves the transmission of “junk”, “chain emails”, junk e-mail, or “spamming.” Do not use automated scripts to collect information from or interact with the Platform.
Do not pass yourself as someone else, including – and not limited to staff of the “JUSTIN GELBAND” or JG itself. Do not present yourself with fake name or age. Do not give a false impression of yourself, your age, or your affiliation with any person or entity. Do not create records for the “JUSTIN GELBAND” account on behalf of another person, group or entity, or do not sell or transfer your profile or account. Do not use, or attempt to use, another person’s account, username, or password. Do not authorize third parties to use your account. You are responsible for keeping your password safe and confidential, and there is no responsibility of the “JUSTIN GELBAND” in this regard. If you are using a device that others also have access to, you must always log out of your account after using the Platform.
You are responsible for ensuring that any content you post does not infringe or will not infringe on the rights of any person, including copyrights, trademarks, patents, trade secrets, privacy, image, publicity or other personal and proprietary rights. You agree to only submit content if you are the owner or have the permission of the owner to post such content and guarantee the “JUSTIN GELBAND” all license to rights included in these TERMS, CONDITIONS AND POLICIES OF USE.
9.2. GENERAL RULES FOR CONTENT GENERATED BY REGISTERED USER OR SUBSCRIBER
- CONTENT IS NOT PREVIOUSLY APPROVED BY THE “JUSTIN GELBAND”
The “JUSTIN GELBAND” does not moderate, pre-select, verify, classify, analyze, perform previous approvals or editorial control of user-generated content. The “JUSTIN GELBAND” does not guarantee that the Platform will be free from content that is inappropriate, offensive, threatening, defamatory, illegal, or objectionable or censurable. The “JUSTIN GELBAND” is merely a passive channel for the distribution of this user-generated content and is not responsible for the content generated by the registered user or subscriber or for the activity of the registered users or subscribers in the Platform. The “JUSTIN GELBAND” reserves the right to edit, remove or deny the posting of any content or to terminate your registration for any reason or motive.
Even if the ” JUSTIN GELBAND ” comes to monitor any content generated by the user, the ” JUSTIN GELBAND” assumes no responsibility for any action or omission, or has any obligation to monitor or remove any user generated content from the Platform. The user is solely responsible for the content generated by him or her, and made available and published on the Platform
- ELIGIBILITY AND REGISTRATION
To become a registered user of the “JUSTIN GELBAND” Platform, to purchase virtual or physical products or publish user-generated content, you must register to have an account.
You agree to provide accurate and current information about yourself in all registration forms on the Platform. In the case of minors under the age 18 or other persons who require representation or assistance under the Law, registration should be done with the assistance of parents or legal representatives, according to previous instructions on the initial registration screen. If you are under 18 (eighteen) years of age, when “you” is mentioned in these TERMS, CONDITIONS AND POLICIES OF USE, it is understood that the statements have been granted for you and your legal guardian. Your account can be deleted without notice if you falsify your age, whether you are younger or older. The contents generated by the registered user in this case will be the full responsibility of the parents or legal representatives who authorized the use of the Platform.
- RIGHTS REGARDING “JUSTIN GELBAND” PUBLICATION
Your user-generated content is neither confidential nor proprietary. You hereby grant and warrant that you have the right to grant to the “JUSTIN GELBAND” the non-exclusive, irrevocable, worldwide, transferable, royalty-free and perpetual right to use your user-generated content in any manner, any form or in any current media or one developed in the future, including images, discussion boards, videos, sound of voice, among others, for any purpose or purpose, including commercial, advertising or otherwise, including the right to translate, display, reproduce, modify , edit, create derivatives, sublicense, distribute and market without any kind of payment to you.
- COMPLAINTS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been improperly copied and published on the Platform to the extent that it constitutes an infringement, we require that you provide the following information: (1) name, address, telephone number, e-mail address and electronic signature or physical signature of the owner of the current copyright or of the person authorized to act on his or her behalf; (2) description and link to copyrighted content that you claim was infringed; (3) a description of where the material that you claim to be infringed is on the Platform; (4) a written statement that you are acting in good faith and believe that the disputed use is not authorized by the copyright owner, his or her representative, or by the Law; and (5) a statement made by you, under penalty of fine, under civil liability for loses and damages or perjury, stating that the above information in your statement is accurate, correct and that you are the owner of the copyright or are authorized to act on behalf of the copyright owner who you claim was infringed.
These requirements must be followed to provide the “JUSTIN GELBAND” with legally sufficient notice of the violation. Submit copyright infringement claims to: firstname.lastname@example.org.
- MOBILE SERVICES The Platform contains services and features that are available for some mobile devices. Your carrier’s prices and normal rates apply. Not all mobile services will work with all carriers or all devices. By using the mobile services of the “JUSTIN GELBAND”, you agree that we will communicate with you electronically to your mobile device and that some information about your use of these services may be shared with us. If you change or disable your mobile number, you must immediately update your account information to guarantee that we will not send your messages to another person.
You agree to indemnify, hold harmless, defend, and exempt the ”JUSTIN GELBAND”, its affiliates, directors, officers, employees, representatives, licensors and vendors from and against any and all claims, losses, liabilities, indemnities, expenses, damages and costs, including, among others, attorney’s fees derived from or in any way related to the content generated by the user, your use of the Content, your use of the Platform, your conduct related to the Platform or other users of the Platform, or any violation of these TERMS, CONDITIONS AND POLICIES OF USE, of any Law or the rights of third parties that you have not followed or observed.
11. INTERACTION WITH USERS
You are solely responsible for your interactions with others, either online or in person. The “JUSTIN GELBAND” is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, expert consultants, persons you meet through the Platform, others you may encounter because of the information posted on, or across, the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and to conduct any necessary investigations before meeting anyone. The “JUSTIN GELBAND” has no obligation to engage with the dispute of any user, but may, at its sole discretion, become involved.
12. LEGAL NOTICE OF GUARANTEE
The “JUSTIN GELBAND” is not responsible for, or is liable for, any user-generated content or other Content posted on the Platform or for any offensive, illegal or objectionable content that you may find on, or through, the Platform. The Platform, user-generated content, Content, and materials and products on this Platform are provided “AS-IS” and without any guarantees of any kind. To the maximum extent permitted by law, “JUSTIN GELBAND” is exempt from all guarantees, express or implied, including, but not limited to, the implied guarantees of title, merchantability, fitness for a particular purpose, and non-infringement.
The “JUSTIN GELBAND” does not guarantee of promise any specific result from use of the Platform.
The “JUSTIN GELBAND” does not represent or guarantee that the Platform will be uninterrupted or error-free, that any errors will be corrected, or that this Platform or server that makes the Platform available is free of viruses or other harmful items. To the maximum extent permitted by law, the “JUSTIN GELBAND” does not guarantee or represent anything related to the use of materials or Content on the Platform in terms of accuracy, accuracy, suitability, utility, reliability or other contexts. You understand and agree that you download or obtain Content at your own risk and that you are solely responsible for its use and any damage caused to you, third parties, your mobile device, computer system or other device that you access the Platform, loss of data or other injury of any kind that may be caused. JUSTIN GELBAND reserves the right to change any and all Content and other items used or contained in the Platform at any time in its sole discretion and without prior notice.
13. LIMITATION OF LIABILITY
THE “JUSTIN GELBAND” SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL OR INCIDENTAL DAMAGES, INDIRECT OR CONSEQUENTIAL, INCLUDING ANY LOSS OF PROFITS OR DATA RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS ACQUIRED THROUGH THE PLATFORM OR BY THE CONDUCT OF OTHER USERS OF THE PLATFORM (WHETHER ONLINE OR OFFLINE) OR FOR PARTICIPATING IN AN “JUSTIN GELBAND” EVENT OR FOR ANY USER-GENERATED CONTENT, EVEN IF THE “JUSTIN GELBAND” IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. THE SOLE SOLUTION AGAINST THE “JUSTIN GELBAND” FOR THE USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM.
14. GENERAL PROVISIONS
You agree that all disputes, claims and legal proceedings arising directly or indirectly, or relating to this Platform (including but not limited to the purchase of the “JUSTIN GELBAND” products) will be resolved on an individual basis, without the recourse of any form of collective action, and exclusively in Brazilian courts.
By using the Platform, you agree to receive certain electronic communications from the “JUSTIN GELBAND”. You agree that any notice, agreement, disclosure or other form of communication that the “JUSTIN GELBAND” will electronically send to you will respond to criteria of legal communication, including the provision that such communications will be sent in writing. Should the “JUSTIN GELBAND” fail to require or enforce the strict conformance of any of these TERMS, CONDITIONS AND POLICIES OF USE, this shall not be deemed a waiver of any provisions or rights. Neither the course of conduct between the parties nor commercial practice will modify these TERMS, CONDITIONS AND POLICIES OF USE. The “JUSTIN GELBAND” may assign your rights and duties under these TERMS, CONDITIONS AND POLICIES OF USE to any party at any time without prior notice.
If any provision of these TERMS, CONDITIONS AND POLICIES OF USE is invalid, the remaining provisions of these TERMS, CONDITIONS AND POLICIES OF USE will continue to be binding. If any provision of these TERMS, CONDITIONS AND POLICIES OF USE is found to be illegal, null or non-applicable, the provision is considered severable from these TERMS, CONDITIONS AND POLICIES OF USAGE and the remaining provisions will still be valid and enforceable.
15. TERMINATION AND CLOSING OF ACCOUNT
The “JUSTIN GELBAND PLATFORM” reserves the right, in its sole and exclusive discretion, to terminate your account, delete your profile and any user-generated content created by you, and restrict your use of any and all portions of the Platform for any reason, in its sole discretion without notice, and without liability to you or any other person.
The “JUSTIN GELBAND PLATFORM” also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Platform. You understand and agree that some of your user-generated content, including those displayed beyond your profile, activity feeds, other parts of the Platform, or other Platforms (e.g. Facebook, Twitter, Google, etc.) may continue to appear on the Platform or on any other Platforms, even after removal of your user-generated content or after termination of the account. These TERMS, CONDITIONS AND POLICIES OF USE remain in force even after the termination of your account.
The TERMS, CONDITIONS AND POLICIES OF USE related to Intellectual Property, Indemnification, Legal Notice of User Interaction, Legal Notice of Guarantee, Limitation of Liability, General Provisions and others the terms herein stated that, by their nature, may continue in force after termination and closure of the account, shall remain in full force and effect.
The “JUSTIN GELBAND PLATFORM” reserves the right to temporarily suspend, unilaterally and at any time, without prior consent or justification, the services and functionalities of the Platform, and may, in the same manner, unilaterally and at any time, without prior consent and justification, terminate the services and functionality of the Platform, without any liability to you or any other person or rights to compensations and indemnities of any nature.