Terms And Privacy
WE ASK YOU TO CAREFULLY READ THIS DOCUMENT, ONCE ACCEPTED, YOU WILL BE BOUND BYITS CONTENT
The terms expressed in this contract constitute the conditions of use and privacy for all services currently provided as well as those added in the future by MyPoint through your mobile application. The user accepts, when starting to use the service, to respect all the conditions imposed by this contract. The service provider will be MYPOINTAPP E.U., a Colombian company with NIT 901057782-5.
Terms and Conditions
The user of the application acceptsthe terms presented in this contract by the sole use of the MyPoint system. These terms and conditions must be accepted along with their updates as an essential requirement to use MyPoint services.
Contract Holding Capacity
The user must be legally capable to engage in a legally binding contract, according to the laws of the Republic of Colombia that establish the majority of age in 18 years.
MyPoint understands that the user knows in advance whether or not he is able to engage in a legally binding contract,whether acting by him/herself of by a third party.
Account and User Registration
MyPoint provides a software service that can be purchased through the App Store and Google Play, which means it will be compatible with Android and iOS platforms. Users accessing this service must register an account and provide the requested information on the forms enabled at the time of registration and also meet the requirements determined by the app stores (either App Store or Google Play). MyPoint assumes that any information entered on these forms is made under oath.
The user agrees that the information he provides at the time of registering his account and subsequently, will be true, accurate, updated and complete. You also agree that you will ensure that this information will be kept accurate and up to date at all times.
When registering as a MyPoint user, you will be asked to provide a password. The user will be responsible for all activities that occur under his account and password, and will have the obligation to keep his password confidential.
Under no circumstances will users other than the account holder be permitted to use their account. In this case, MyPoint will not be responsible for the improper use of the information that is lodged in the account, neither against the user nor against third parties. The foregoing shall be cause for accountcancellation.
MyPoint will not be responsible in any case for mistakes made by the user when entering their personal information as well as the operation and progress of their business activity or the publications that are done with it.
MyPoint is a mobile application that works as a social network where the user can consult their followers on any topic such as: Sports, Cinema, Music, Beauty, Celebrities, Fashion, Politics, Culture, etc.
The user, through his creativity can create publications with a question for his friends to decide, choosing the options that the user presents. To this end, the user may post his in the following ways:
- Create a Versus: Two images are showed to the followers as options for them to choose.
- Create a Yes / No: A statement is showed to followers, with the possibility of answering them in a positive or negative way.
- Create a List: A statement is shown to the followers, with the possibility of selecting an option out of a list.
- Create a MultiVersus: It shows an image with several options for the followers to choose among them.
The publications will have a time limit during which the response will be allowed; time that will be set freely by the publisher but that cannot be longer than 14 days nor less than 30 minutes. The fact of assigning a specific time for answering does not prevent the publisher from closing the post manually at any time. However, the user acknowledges that there is an authorization for MyPoint to discretionally modify the maximum and minimum times of the publication at any time and without the users consent.
The content of a publication will always be formulated as a question, followed by the answer options that the user may present with images or text. Only the followers of the user posting a question may be able to participate by providing an answer to it when his account is Private, or all the users of the application to whom the publication is shown if their account is Public.
There will be a specific time set in days, hours and minutes to participate in a publication, which does not prevent the user posting the publication from closing the participation at any time.
Users who view a post from another user will be able to comment on it.
While the use of the application will require signing upwith an account, the use of the application will be free.
MyPoint has top-of-the-line functionality, so posts with more Points will be visible to the public, including users who do not follow the publisher who can also may vote on the publication.
MyPoint on the Home screen has an All functionality, where the publications will be visible to all users of the application, which includes non-follower users who will also be able to vote within the publication.
The user will be able to restrict his account so that his publications are only visible to his followers, so that they do not appear in the top functionality of publications and neither in the All functionality of the Home screen. The user can choose from the following account categories:
Private: you will be in control of accepting or denying follower requests. Your profile will be visible to all users and their posts only to their approved followers in the All functionality of the Home screen.
Public: Acceptance of followers is automatically made without restriction. Your profile and posts will be visible to all users.
In any of the above cases the user will be able to block a follower, which prevents him from being a follower and see his publications.
Notwithstanding the foregoing, the user will always be able to be found through MyPoint search results where his profile information will be displayed.
Users may include links or links within their posts or on their profile pages, provided that these links comply with what is set forth in the “INTELLECTUAL PROPERTY” section of these terms.
The user will be able to log in to MyPoint through Facebook and Google, and link MyPoint to their accounts on other social networks. Therefore, the user will be able to share his MyPoint posts through different social networks, for greater flow.
The user agrees to comply with the terms and conditions of the social networks linked to MyPoint. The truthfulness and correct use regarding the account will be of user’sole responsibility and will be presumed by MyPoint.
The MyPoint service starts when registering an account in the application of MyPoint, after accepting the conditions expressed in this contract. The service consists of the use of software MyPoint and all related services.
MyPoint will be able to make changes in the configuration and set up of the application, as well as the update of the same and will be able to make the changes that it considers pertinent, when this proves necessary. MyPoint will not be responsible for the loss of information that occurs due to force majeure, fortuitous event or third party doings, as explained under the heading “Site Operation”.
MyPoint guarantees the user free access to the application, under normal conditions; however, the user accepts that there are technical circumstances by which this application may become temporarily unavailable, under the understanding that this may be due to limitations inherent to the state of the art technology now days.
The user undertakes the following commitments for the rightful use of MyPoint:
(i) Do not cause physical, moral or mental harm to other users of the service; (ii) not use the service for malicious or ill-will purposes, nor to benefit to the detriment of third parties, much less the State; (iii) not to use the service for criminal or illegal purposes or to profit or illicit benefit for itself or for third parties, whether remunerated ornot;(iv) not to publish information that violates third parties rights, such as intellectual property rights, industrial secrets or any other; (v) not to publish sensitive information; (vi) not topublishout dated information that may mislead third parties or State Authorities; (vii) not to publish content that shows violent images, full or partial nudes, nor discriminatory or sexual content; (viii) refrain from creating accounts for third parties.
MyPoint user declareshe is owns the information submitted to the system and under no circumstances will this information become the property of MyPoint. However, MyPoint is the sole owner of the platform on which the user enters the information, which will not be assigned by this contract.
Whenever the user finds out a post that may be considered to breach the above requirements, he will be able to file a complaint through a special option provided by the application to this effect.The complaint will be evaluated and may result in the suppression of such post. This complaint may also be filed against any post that seeks to bully, intimidate abuse, harass or threat the complaining user or third parties.
MyPoint may remove this content when it is deemed necessary, but it is not obliged to do so.
MyPoint will take whatever measures it deems appropriate, so that the application is available to the user, but does not guarantee such availability, as there may be events such as damages in communications, acts of third parties, maintenance or restructuring of the application amongothers, that maybe beyond its control and responsibility. Notwithstanding the foregoing, MyPoint guarantees users that the application will be available in normal circumstances, from anywhere in the world,whenever user has access to an internet connection, as long as the user remembers his sign in account and password.
Circumstances such as internet connection trouble or the failures attributed to internet service provider will not constitute a failure of MyPoint to deliver the services as agreed.
Regarding the maintenance and restructuring of the application, MyPoint reserves the right to carry out the necessary steps, without prior notice to the users to perform maintenance and restructuring works, but it will try its best efforts to announce such events in order to avoid users discomfort or possible damages.
MyPoint is a Web application that provides a site for hosting data that the user manages at his own risk. MyPoint will take care to keep the information of the users, safe and will take the precaution that in their opinion are necessary for this, but will not be responsible for any act of third parties and the negative consequences that may affect the user or third parties.
MyPoint is also not responsible for the information entered by each user in their account, or for the results of their publications, when these are inadequate. It is understood that the user, using the services of MyPoint, will make legal use of all the tools that are made available to him, which releases MyPoint from any responsibility on the abuse of the application by any user.
MyPoint shall not be obliged to warrant the legality of the posts, content and information that the users harbor or publish through their accounts; however, it may take the correctives against illegal information, when it deems it pertinent.
No content that is published by the user will be confidential or generate reserve obligations for MyPoint, who will not be responsible for its use or disclosure. Information published by the user and subsequently deleted by the user may eventually be viewed, as long as copies remain cached or have been copied or saved by others.
MyPoint may retain a copy of the information published by the user and his / her account information, even after termination or deactivation of the account.
The user accepts that his information will be treated for Big Data purposes and therefore allows MyPoint to use it for statistical purposes.
MyPoint, through tools for account usage analysis, can perform follow-up activities for users through your application. With these tools, MyPoint will be able to collect information of each user for the analysis of statistics and implementation of strategies of communication and publicity. These tools will be able to track the user’s configuration and make their experience in the application more practical, recognizing and remembering their preferences and adjustments.
To this extent, MyPoint may collect usage data, such as duration of use, or demographic data such as origin, sex and age. MyPoint uses this information for analytical purposes. The MyPoint user can disable these tools.
The follow-up activities carried out by MyPoint may also be carried out within the application, for internal analysis, e.g., but not exclusively to determine trends in publications,
Participation in other publications, number of points allocated, among others.
When registering an account with MyPoint the user must enter an e-mail address, as well as record all the data that is requested. By doing so, you agree to receive all emails with information about the use of MyPoint, promotional information or other information processed or sent by MyPoint. Notwithstanding the foregoing, MyPoint may not use for the benefit of you or third parties the information entered by the user.
MyPoint may use the database of companies or users for advertising or commercial purposes for themselves or for third parties, without having to participate in any income to users.
If required, the user will receive an email for validation of the service (registration and retrieval of password).
MyPoint will provide technological security conditions so that the owner’s password is not known by third parties. However, MyPoint cannot assume the responsibility of warranting its confidentiality, for which the user must also take the appropriate forecast.
On the other hand MyPoint is not responsible for the misuse of the password by the user or for the use of passwords that are easy to decrypt, assuming that whenever the system is accessed, the user does it directly.
Limits to App Use
The user shall not apply reverse engineering techniques, decompile or disassemble the software, or perform any other operation that tends to discover the source code. Separation of components is also forbidden. MyPoint authorizes the use of the software as a single product. The parts that integrate it cannot be separated for use in more than those units or workstations in which it installs, nor make use of them separately. The user understands that failure to comply with the provisions of this clause constitutes an offense under section 272 of the Colombian Criminal Code.
Service Suspension and Termination
MyPoint may unilaterally terminate a user’s account in the following scenarios: (i) In the event that the user uses the services provided by MyPoint for breaching law, especially those troubling third-party intellectual property rights whether they belong to MyPoint or other users; (ii) In case MyPoint finds out that the user is using his account for the transmission of malicious programs such as viruses, malware, spyware, Trojan horses, or similar, that may compromise the proper functioning of the MyPoint platform, or damage third parties; (iii) When there are elements that allow MyPoint to infer that the user does not have the minimum age to engage in this contract, under the terms set forth in the section titled “Contract Holding Capacity”.
MyPoint reserves the right to modify or terminate the service or access when it deems necessary and to confiscate, cancel, delete, edit, block and / or monitor any account or publication when necessary according to the provisions stated in this terms and conditions.
The user acquires a non-exclusive, worldwide, temporary and non-transferable license to use the MyPoint system, but at no time will he acquire property over the platform. The copyright in the software works that make up the platform and related services will be owned by MyPoint and under no interpretation of these terms of service will be understood as being transferred or assigned to the user.
In the same way, the user licenses in favor of MyPoint the content of the publications that he makes through the application.
The user shall refrain from using the MyPoint application to infringe third party intellectual property rights (trademarks, patents, copyrights, industrial designs or image rights). By accepting these terms and conditions, the user declares that he will refrain from performing any act that could compromise this type of rights. Therefore, any act that the user performs damaging intellectual property rights of third parties will be his sole responsibility and will not make MyPoint liable in any way.
The use of the hashtag symbol (#) and Tags or meta tags, through the use of the at sign (@) made by user, shall respect trademark rights, trade name and other industrial property rights of third parties.
Due to the above MyPoint assumes that all the publications of its users are made in strict compliance with what is agreed in this title. The responsibility for the damages that are eventually caused by users posts whether in text or images, will be assumed exclusively by the user, who will keep MyPoint from any claim in this matter.
According to the provisions of the section titled “Description of the Service” of this document, the user undertakes not to perform “Deep linking”, which means, he will not use links to facilitate other users to access copyrighted works by evading technological protection measures. Nor will it be admissible to use links that facilitate the access to pages for adults, of gore content.
Neither can they use or publish links that seek to promotecrime, or links that serve to evade the technological measures of protection to access pages containing confidential information, business secrets or State secrets.
The responsibility for the use of links disregarding the previously explained terms will be of exclusive responsibility of the user, who will keep MyPoint from any claim to these matter.
MyPoint will provide the user with the necessary tools to protect his intellectual property rights.
Applicable Law and Forum
These Conditions are governed by the laws of the Republic of Colombia. If any part of these Terms is declared void or contrary to law, then the invalid or non-enforceable provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original Condition and the remainder of the agreement between MyPoint and The user will continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and MyPoint with respect to the MyPoint Services and supersede all prior and proposed communications, whether in electronic, oral or written form, between users And MyPoint with respect to the MyPoint Services.
Queries and Comments
In case there are queries, complaints or comments about the information contained in this Terms and Conditions document, please write to the following address: firstname.lastname@example.org
Last updated: August 21, 2020