Updated on February 2nd, 2021.
Reading and accepting this Terms and Conditions (“Terms and Conditions”) is a mandatory step in order to register as user in Skillcore system and to hire and use the services herein provided by SKILLCORE DESENVOLVIMENTO DE SISTEMAS LTDA (“Skillcore”),CNPJ Nr. 34.637.910/0001-00, with headquarters at Rua Santa Catarina, 65, sala 911B, em Curitiba/PR, CEP 80620-100, Brazil.
User that wishes to use services provided by Skillcore declares that it read, accepted and will respect the Terms and Conditions and any legal rules applicable to the website, mobile apps and other systems provided by Skillcore (“Skillcore Platform”), as well as any other document mentioned herein.
In case of any doubts, please reach us at: [email protected]
1. Skillcore Purpose
1.1. Skillcore is a platform that provides services and technology for community managers in games and esports industries, content producers and other similar professionals (“users”).
1.2. Skillcore is not liable for the acts of its users when using Skillcore services and technologies, as well as for the acts of its users clients/supporters/followers (“users’ community”). Skillcore is a mere application/tools provider.
2. Registration Capacity
2.1. Registration in Skillcore Platform and the use of its services can only be made by persons that are legally capable to make binding agreements and to answer for the applicable liabilities.
2.2. Exceptionally, user with age between 16-18 years old, if not considered legally capable within the correspondent legislation, will be allowed to register into Skillcore Platform and to use its services with an authorization issued by its legal representatives – condition that might be requested at any time by Skillcore.
2.3. User declares, at the registration procedure, that it has full independence and autonomy, as well as operational capacity for the definition of its professional activities and its business model, and that Skillcore does not participate and/or supervise its activities and therefore is not liable for any issues arising from it.
2.3.1. In case user is a legal entity, the person that acts on behalf of such entity declares that it has the required powers to accept and execute the Terms and Conditions of behalf of such entity. Skillcore has the right to ask the user for documents that demonstrate such powers, such as the legal entity by laws and statutes, along with an identification document from the declaring person.
3. Terms and Conditions Update/Modifications
3.1. Skillcore might, at any time, modify or update its Terms and Conditions in order to seek a continuous improvement of its services and a better customer support. Any modifications or updates will be duly informed by e-mail, SM, app notification or any other mean with written messages. If this occurs, a 15 (fifteen) days term will be given in order to: (i) make the modification and/or update enter into force; and (ii) allow any user that does not agree with the modification and/or update to request the cancellation of its account by email (to be sent to [email protected]), in accordance to the procedure described in title 12 of this Terms and Conditions. In the absence of a cancellation request during the term above, the modification and/or updated shall enter into force and be fully applicable to the users’ activity within Skillcore plataform.
3.2. Skillcore will keep its Terms and Conditions duly updated and accessible through its website.
4. Skillcore Services - Users
4.1. Skillcore provides services and licenses technologies (in a non-exclusive, non-transferrable and non-sublicensable way) according to each plan offered in Skillcore platforms for its users. Within the services and technologies offered by Skillcore, the following activities might be comprised by it:
(i) Development and implementation of business models: Skillcore might offer tools dedicated to the improvement and development of business models for its users, such as, but not limited to: digital space for a personalized page/platform, reward systems for user´s community engagement, personalized digital credit coins, systems for subscription fees management, systems for crowdsponsorship models, among others;
(ii) Monetization: Skillcore might offer tools dedicated to the monetization of its users’s business, such as, but not limited to: payment system for its users’ business, e-wallets, a system for the acquisition, sales and exchange of personalized digital credit coins, among others;
(iii) Business Intelligence: Skillcore might offer tools dedicated to monitor and analyse its users’ business, such as, but not limited to: business data analytics tools, customer relationship systems, among others;
(iv) Non-Fungible Token Generators (“NFTs”): Skillcore may offer tools for its users to create, distribute and use NFTs to their communities and third parties, according to NFT contents defined by the users themselves according to their interest and with their full responsibility;
4.2. Details, rules and fees for each service/license available through Skillcore platform will be detailed in the respective page (www.skillcore.pro/plans) and at the moment of hiring of the services.
5. Skillcore Services – Users’ Community
5.1. The use of services and technologies provided by Skillcore is made by its users, even if it is directed to such users’ community.
5.2. Users acknowledge that, while using services and technologies provided by Skillcore to offer services and other functionalities to the users’ community, users will engange in a legal relationship with users’ community and therefore shall develop its own set of rules, terms and conditions and privacy policies (“Users’ Business Rules”) to regulate such relationship. The Users’ Business Rules must comprise the duties and rights related to the business model exploited by the users, as well as any legal rules applicable to users´ activity, and must be made known by the users’ community in any way possible. Users acknowledge that the following provisions must be included in the Users’ Business Rules:
(i) Users shall be exclusively liable, or jointly liable with the users’ community, for any problems arising from users’s acts or users’ community acts;
(ii) Users’ community cannot use the services and technologies provided by Skillcore for illegal purposes or in breach to the rules specified in the Terms and Conditions;
(iii) Skillcore might, at any moment, opt to interrupt the service and/or suspend its Users and the Users’ community accounts in case any illegal activity is identified or any breach of the Terms and Conditions;
(iv) Skillcore, in its role of service provider and technology licensor, is legitimate to adopt legal measures against any act promoted by anyone that might violate or threaten the integrity of its services and technologies;
5.2.1. In case Users do not create the Users’ Business Rules, Users hereby agree that they will become solely and fully entirely liable before the Users’ Community, as well as that this topic will be fully applicable to the relationship between Users and Users’ Community. Skillcore might, at any possible time, notify the Uers’ Community about the applicability of these provisions.
6. Liabilities in the Use of Skillcore Services
6.1. Users acknowledge that Skillcore does not follow, monitor or supervise the ways its services are being used by Users and Users’ Community. Therefore Users are entire and exclusively responsible for the use of such services, except when proven that the problem originated from Skillcore’s fault.
6.2. Skillcore does not hold any liability for the content and the information transmitted and published by Users and Users’ Community, including, but not limited to: community names, personalized digital credit coins names, campaign names, users names, conversations in the communication channels, promotion contents, business rules, veracity of the rewards offered, content from generated NFTs, among others. Users, when publishing or transmitting any kind of content/information/proposal through the services and technologies provided by Skillcore, become entirely and exclusively liable for its content.
6.2.1. Skillcore, at its own discretion and without taking any further joint and/or subsidiary responsibility, shall monitor and check information/content published by Users and Users’ Community in its platform.
6.3. In case Skillcore is considered liable for acts and consequences caused exclusively by Users or User’s Community in its platform, Users undertake to offer full support to Skillcore defense, as well as to reimburse Skillcore for any losses that the company, its partners, employees and service providers may suffer in the face of this situation.
6.4. Users expressly undertake to respect the following conditions, as well as to demand such respect from the User's Community:
(i) not to attack, defame or injure other Users, Users' Community, Skillcore team and its partners;
(ii) not to take any measures aimed at confusing and/or misleading other Users, Users' Community, Skillcore team and its partners;
(iii) not to use Skillcore trademarks and other distinctive signs of the company in order to cause damage to Skillcore’s image and good name;
(iv) not to publish and / or use content (text, image, audio, video, etc.) protected by intellectual property rights and image rights of third parties without proper authorization;
(v) not to infringe national and foreign laws;
(vi) inform Skillcore about any irregularities and/or problems faced in the use of Skillcore platform and in the relationship with other Users and Users' Community;
(vii) provide real and accurate data in your registration records, keeping it duly updated;
(viii) comply with the commitments assumed with Skillcore and with other Users and Users' Communities;
(ix) maintain clear and direct communication with Skillcore, other Users and Users’ Community with whom it is engaged in any operation in Skillcore platform;
(x) not to participate, directly or indirectly, in any form of attack against Skillcore platform, its Users and Users' Community, such as the use of viruses, worms, spyware, time bombs, denial of service attacks, and any other act capable of negatively affecting the safety and integrity of Skillcore services, technologies and its users;
(xi) not to use robots, spiders, crawlers and any other automated process to access, use, reverse engineer and manipulate Skillcore platform, its services and data;
(xii) not to promote, stimulate or participate, directly or indirectly, in any activity aimed at exploiting failures, bugs, exploits, cheats, hacks on Skillcore platform, its Users and Users' Community;
6.5. Each User is responsible for its account in Skillcore platform, its data, passwords and information used for the creation and use of its account.
6.5.1. The account created by the User is for personal access only.
6.5.2. Any unauthorized use of the User's account by a third party must be immediately informed to Skillcore, through the email [email protected], by the User so that the appropriate measures can be undertook.
6.6. NFTs: With respect to NFT generation services, Skillcore informs and clarifies that:
6.7. Breach of the obligations assumed by the Users may result in the application of the sanctions provided for in Topic 11 in these Terms and Conditions by Skillcore.
7. Skillcore Compensation
7.1. The compensation due to Skillcore for the provision of services and technologies described herein is described in the plans offered at the time of the hiring made by the User, which may be composed of fixed and variable fees, according to current fee schedule: www.skillcore.pro/fees
7.1.1. For the purposes of receiving the compensation above, Skillcore is hereby authorized by the User to retain any amounts available in its account in the Skillcore platform, transferred by the Users and/or the Users’ Community.
7.2. Skillcore might use commercial partners for the payment services offered in its platform, which must meet all the requirements defined in these Terms and Conditions and in the applicable laws.
7.2.1. Users acknowledge that service fees might incur in the use of payment services provided by Skillcore commercial partners in its platform.
7.3.Users acknowledge that taxes may apply to their activity in the platform, depending on the country. Users are entirely responsible for understanding which taxes apply and for collecting such taxes and filling the forms required by the Tax Authorities.
7.3.1. If required by the Tax Authority, Skillcore and/or its commercial partners are hereby authorized by Users to withhold the amounts corresponding to the applicable taxes for each operation, which will be further informed to the User.
7.4. Skillcore and its commercial partners adopt compliance policies of Know Your Clients (KYC) and Anti-Money Laudring (AML). At any time during the use of its payment system by the Users and the Users’ Community, Skillcore might request proof of identity, information on the origin and destination of the payments made and received, request documents that support the operation carried out, among other data and information necessary to understand the lawfulness of the operation carried out through its platform.
7.4.1. Exceptionally, upon judicial and/or administrative order from government authorities, Skillcore may suspend certain operations and provide information regarding the latter.
8. Privacy and Personal Data Protection
8.1. Skillcore will always respect the privacy and protection of its Users' personal data, therefore an exclusive Privacy Policy was implemented to address these issues, which is fully accepted and must be fully respected by Users registered in Skillcore platform.
9. Skillcore Rights
9.1. In addition to the rights previously specified, Skillcore also holds the following rights in relation to the activities promoted in its platform:
9.2. Intellectual Property: Skillcore platform is composed by several inventions and creations which intellectual property rights belong exclusively to Skillcore, such as, but not limited to: “SKILLCORE” trademark and its derivations, Skillcore slogans, website and app design, the codes used in the Skillcore platform, the databases, the business model, the texts and content published by Skillcore, Skillcore ads and advertisements, Skillcore domain names and their variations, among others. Any kind of use of these creations and inventions, partial or total, identical or modified, will depend on prior and written authorization from Skillcore, and the unauthorized use promoted by the Users or by the Users’ Community may cause its suspension and exclusion from the platform, in addition to the legal measures applicable for the proper protection of Skillcore's rights.
9.3. Inspection: If necessary, Skillcore is duly authorized by its users to access, read, preserve and disclose any information and data present on its platform that it deems essential for:
(i) comply with legal obligations, regulations or requirements of government entities;
(ii) enforce the Terms and Conditions and other rules applicable in the Skillcore platform, including for the purpose of investigating any irregularities practiced in it;
(iii) protect the rights and safety of Skillcore, its Users and the Users' Community;
(iv) identify, prevent or in any way deal with situations of fraud, security or technical necessity;
9.3.1.The activities will be performed in accordance with Skillcore's Privacy Policy.
9.4. Penalties: Skillcore is the legitimate owner of Skillcore platform and therefore it has, within the legal limits imposed, full autonomy to apply penalties to is Users through warning, suspension and / or exclusion of Users from its platform in the event of breach of the rules described in these Terms of Use as well as in other rules applicable to the Skillcore platform.
9.5. The following conducts will be causes for the penalties of warning, suspension or exclusion of Users from the Skillcore platform, depending on the severity of each case determined by Skillcore:
(i) non-compliance with the rules of conduct described in these Terms of Use and in other rules applicable to Skillcore platform;
(ii) the practice of fraudulent acts;
(iii) the impossibility of verifying the identity of the User, the Users’ Community and /or the use of incorrect or false information;
(iv) the lack of payments due to Skillcore, other Users and the Users' Community;
9.6. Skillcore, except in cases of undeniable gravity and imminent risk or when the penalty to be imposed has already been previously determined, will always give the User to be penalized the opportunity to justify himself and correct the allegedly irregular conduct before applying the suspension and exclusion penalties.
9.7. In the event of suspension or exclusion of the User, Skillcore may publish a warning in the suspended/deleted User's profile in Skillcore Plataform informing about the action taken. The suspended or excluded User will not be entitled to any refund or reimbursement for any amounts already paid to Skillcore.
9.8. In addition to the penalties above, Skillcore may also take any legal measures to enforce these Terms and Conditions and other rules applicable to the relationship with its Users.
10. Cancellation of Services
10.1. Any User with no pending obligations with Skillcore may request the cancellation of its account in the Skillcore platform through a simple request sent to the email [email protected]. Skillcore team will analyze the user's status and send a reply informing about the cancellation and/or requesting the settlement any pending issues in order to proceed with the cancellation.
10.2. While the cancellation request is not confirmed by Skillcore, any and all activity performed by the User in its account in the Skillcore platform will be governed by the provisions of these Terms and Conditions and by other rules applicable to the Users’ activity in the plataform.
11. Image Licensing
11.1. Users authorizes Skillcore, free of charge, to use any images related to the Users’ profile for the promotion of its services in any media vehicle, for informational and/or commercial purposes.
11.1.1. This authorization only covers aspects of the Users' image transmitted to its profile in Skillcore platform, including, but not limited to: user name, profile photo, trademarks, testimonials and comments, audios, videos, etc.
12. Miscellaneous
12.1. The tolerance of any non-compliance with any rules and conditions provided for in this Terms and Conditions and in other rules applicable to the Skillcore platform will not be considered as a novation of the obligations assumed by the Users, and Skillcore may, at any time, adopt measures to demand the due compliance of such rules.
12.2. Any and all communications regarding a possible non-compliance with these Terms and Conditions and other rules applicable to Skillcore platform will be made in writing, preferably: (i) by e-mail, (ii) electronic messaging system, (iii) letter with confirmation warning or (iv) any other means capable of transmitting the communication and making the recipient aware of its content, directed to the addresses provided by the Users himself, who undertakes to keep them updated.
12.3. BY CLICKING THE “ACCEPT” BUTTON IN THE USER REGISTRATION PROCEDURE, THE USER ACKNOWLEDGES AND ACCEPTS ALL THE RULES PROVIDED IN THESE TERMS AND CONDITIONS AND OTHER RULES APPLICABLE TO THE SKILLCORE PLATFORM
13. Applicable Law and Jurisdiction
13.1. These Terms and Conditions and any other ruling documents applied in the Skillcore Plataform will be regulated by the Brazilian Laws.
13.2. The parties hereby elect the Courts of Curitiba/PR, Brazil, as the competente jurisdiction for any issues arising out of this Terms and Conditions and the relationship between Users and Skillcore.
14. Contact
E-mail: [email protected]
Endereço: Rua Santa Catarina, 65, sala 911B, em Curitiba/PR, CEP 80620-100