These Terms and Conditions of Use (Terms) apply to services provided through technology application (Application), websites and related content by the legal entity Clusbe Serviços Online LTDA - ME, de CNPJ: 27.453.053/0001-14, Address: Rua Jacques Felix nº 545, centro, Taubaté-SP/Brazil, responsible: Lucas Hoffmann Cezario from now simply called APPLICATION EDITOR, through the Clusbe app, and therefore constitute a contract between you, from now called user, and Clusbe.

DEFINITIONS

Without prejudice to other definitions contained in this policy, the following terms will have the meanings assigned to them below:

• Application: means Clusbe's exclusive proprietary software through which the user can register and create their profile in our web gallery.



• Registration Information: Set of information provided by the user that identifies him / her, such as: name, date of birth and email address.



• Cookies: Text files stored by browsers (such as Internet Explorer, Fire Fox, or Chrome) on a user's computer or mobile device. Cookies are for the purpose of identifying your computer or mobile device, customizing access, and obtaining access data such as browsed pages or clicked links. A cookie is assigned individually to each computer and cannot be used to run programs, neither can it infect computers with viruses, trojans, etc., and can only be read by the server that sent it.



• IP: internet protocol address - defined by Law No. 12.965 / 2014 as “the code assigned to a terminal on a network to allow it's identification”.



• Secure Socket Layer (SSL) certificate: The SSL certificate has the function of certifying that the site the user / user is accessing is really himself.



• Encryption: This is a means of improving the security of a message or file through a set of rules that encode (scramble) the content transmitted from its source and can only be decrypted at the destination by the one with the correct encryption key to unscramble it. This makes it difficult for information to be deciphered during your internet traffic.

1. OBJECT




The Clusbe app is a technology application service, freely available for use on mobile, social and behavioral content, through which users can connect with people who have common interests, as well as find events of their interest in their neighborhood, your city, or anywhere in the world, and you can share your most special moments through photos or videos in your feed.




2. ACCEPTANCE OF TERMS OF SERVICE




Firstly, all those who wish to have access to the services offered through the Clusbe application, should inform themselves about the rules that make up this instrument, which will be available for prompt and wide consultation, in a direct link in the application itself.

By registering and / or using the Clusbe application, we consider that you have fully accepted these standards and undertake to comply with them, at the risk of applying the applicable penalties.

If you, the user, are underage or declared incapable in any respect, you will need the permission of your parent or guardian who must also agree to these same terms and conditions.

We may change this term at any time, either to comply with current legislation, as required by the Government, or by virtue to change in the services provided, which is why, before starting any navigation in the application, we ask the user to be aware of any modifications or updates to these terms.

To find out when this Term was last updated, see the "Last Updated" section in the bottom right corner of the last sheet of this document.

If you don't agree with any of the rules described here, do not use the service.

By clicking "I accept" and using any service, you indicate that you have read, received and expressly agreed to the Terms and Conditions of Use, binding them to all rules.




3. NAVIGATION




Clusbe may undertake to use all technical solutions at its disposal to allow access to the service 24 hours a day, 7 days a week. However, at any time, may occur an interruption, limitation, or suspension of access to the application or some of its pages, an order to make updates, content changes, or any other action deemed necessary fot its proper functioning performance.




4. APPLICATION MANAGEMENT




For good management, Clusbe can at any time:

1. suspend, interrupt or limit access to all or part of the application in a specific category of Internet users;



2. remove all information that may disturb the operation of the application or be in conflict with the rules of Brazilian or international law;



3. suspend the application in order to make updates and changes.



5. INTELLECTUAL PROPERTY




An application / website structure, as well as texts, graphics, images, photographs, children, videos and other applications informed that are part of it are the property of Clusbe and are protected by Brazilian and international intellectual property law.

Any representation, reproduction, adaptation or partial or total exploration of content, trademarks and services proposed by the application by any means that is, without prior express and written permission of Clusbe, it is strictly forbidden, and the civil and penal measures may be resorted to. This provision excludes only elements expressly designated in the application as copyright free.

Access doesn't give the user any intellectual property rights relating to application elements, which remain under the exclusive property of Clusbe.

It is forbidden for the user to include in the application data that may modify its content or appearance.




6. LIMITED LICENSE FOR APPLICATION ACCESS




You have been granted a limited, non-transferable, non-exclusive, royalty-free, revocable license to download, install, run and use this application on your device. You acknowledge and agree that Clusbe grants you an exclusive license to use and therefore doesn't transfer you the rights to the product.

The application must be used by you, the user. The sale, transfer, modification, reverse engineering or distribution as well as the copying of texts, images or any parts contained in it is expressly prohibited.




7. FROM EXTERNAL LINKS




The application may contain external links redirecting the user to other websites over which Clusbe has no control. Despite prior and regular checks performed by the application, Clusbe disclaims any liability for the content found on these sites and services.

Links may be included on Clusbe application pages and documents provided they aren't for commercial or advertising purposes. This inclusion will depend on prior authorization from Clusbe.

The inclusion of pages that divulge any type of illegal, violent, controversial, pornographic, xenophobic, discriminatory or in any offensive manner will not be allowed.

Clusbe reserves the right to withdraw a link at any time leading to its own service, if the source page does not comply with its editorial policy.




8. REGISTRATION




The services available in the Clusbe application can only be accessed by fully capable people, according to Brazilian law. All those who do not have full civil capacity - under 18 years of age are not emancipated, prodigal, habitual drunken or addicted to toxic substances and persons who cannot express their wishes, for temporary or permanent reasons - should be properly assisted by their legal representatives, who will be responsible for compliance with these rules.

The user will be allowed to keep only one account with the Clusbe application, and can use the same name that they use in their daily life. Duplicate accounts will be automatically deactivated by the application, without prejudice to other applicable penalties.

For proper registration with the service, the user must fully provide the required data. All information provided by the user must be accurate, true and up to date. In any case, the user will be liable, in civil and criminal scope, for the veracity, accuracy and authenticity of the informed data.

The user must provide a valid email address through which the application will make all necessary contacts. All communications sent to this address will be considered read by the user, who undertakes to regularly consult his / her received messages and to respond within a reasonable time.

After the confirmation of your registration, the user will have a personal login (nickname) and password, which should be used by him to access his account in the Clusbe application. This connection data may not be communicated by the user to third parties, and is solely responsible for their use.

The nickname may not allude to the names of third parties or expressions that identify them, or words that condone crimes or unlawful practices.

The user undertakes to immediately report to Clusbe any suspicious or unexpected activity on their account.

You may not assign, sell, rent or otherwise transfer the account, which is personal and non-transferable.

It will be automatically discontinued the user who fails to comply with the rules contained in this instrument, being prohibited to make new application registration.

The user may, at any time and without reason, request or cancel their registration with the Clusbe application. Your unsubscribe will be done as soon as possible.




9. DISCLAIMER OF WARRANTIES AND RESPONSIBILITIES




This application is under continuous development and may contain errors, and therefore use is provided "as is" and at the end user's risk, so Clusbe will only be liable for defects or defects found in the services provided by the application, when you have given them cause. Defects or technical or operational defects originating in the user's own system will not be the responsibility of Clusbe.

Clusbe is solely responsible for the information that has been disclosed by it. Any information included by users, such as images or comments and personal profiles, will be the sole responsibility of the users.

The user is also responsible:

1. for the correct use of the application and its services, valuing the good coexistence, respect and cordiality in the relationship with other users;



2. the information and images disclosed on their profile or in the publications they record in other users' profiles;



3. compliance with the rules contained herein, as well as the rules of national law and international law;



4. protecting your account access data (login and password).


Clusbe won't be responsible:


1. the intrinsic characteristics of the internet, mainly related to the reliability and origin of the information circulating on this network;



2. for illegal content or activities practiced through your application.



10. IMAGES AND VIDEOS




As provided herein, users are solely responsible for the images and videos published in their respective profiles, as well as images and videos inserted through comments on other users' profiles or publications, and shall comply with rules of national and international law, and following norms:

• May not contain illegal, violent, controversial, pornographic, xenophobic, discriminatory or offensive content;



• May not contain illegal, violent, controversial, pornographic, xenophobic, discriminatory or offensive content;



• May not infringe third party intellectual property and rights; and



• May contain third-party images, provided they are duly authorized, otherwise they may violate your image rights.




Clusbe may delete without prior notice to the user, images or videos that are in disagreement with the standard established in this Term, or in disagreement with the legislation in force.

Clusbe alerts users that there is not yet a feature that effectively prevents the copying of images, videos or content posted on the Internet. Therefore, the user is aware that once an image is inserted in the virtual network, it is possible to copy, reproduce or print it by other users who access the site / application.

Clusbe is not responsible for acts of third parties that appropriate the images, videos or texts published in the profiles of its users.




11. LIMITATIONS OF USE




Withouth prejudice the other obligations set forth in these Terms, the user further undertakes not to use Clusbe to:

Copy, reproduce, transmit, distribute, publish, exploit or otherwise transfer any material from the Clusbe site / application, in any format, electronic or not, for your personal use and / or commercial purposes;

Disclose on your profile or on any other page of the site / application Clusbe content of pedophile, racist, prejudiced, discriminatory, defamatory, abusive, offensive or illegal content;

Comment on posts by other users who advocate crime or contain illegal, threatening, or pedophile, defamatory, hateful, racist, prejudiced, discriminatory or contrary to public policy or morality;

Violate rights of children and adolescents;

Disseminate, transmit or make available content owned by third parties or otherwise violate copyright and image rights;

Disclose, through the Clusbe site / application, illegal, abusive or harmful practices to third parties;

Transmit to other current users of spam, unwanted advertising messages or unsolicited correspondence;

Send to site / application Clusbe message that contains virus;

Intervene in the Clusbe transmission system, copy, reproduce, duplicate or make use of the Clusbe site / application content for any purpose; and

Without prejudice to the liability for loss and damage caused to the Clusbe site / application and to third parties, the violation of the provisions of this clause and any other commitments made by the user in this Term imply blocking your IP, and / or cancellation of your profile, and Clusbe may prevent you from returning and any present or future use of the Service, or part of it ,being furher prohibited from the user to claim any financial compensation, or any losses and damages.

However, the user must inform us of any unlawful act committed by another user, when using the Clusbe site / application, as soon as he / she is aware, using the "contact us" form, so that we can block the IP (internet protocol address). From such user's computer or mobile device.




12. SANCTIONS




Without prejudice to other applicable legal measures, the Clusbe app may at any time warn, suspend or cancel your account:

1. breaches any of the devices contained in this instrument;



2. that do not comply with your user duties;



3. to commit fraudulent or malicious acts;



4. provide any incorrect information;



5. whose behavior constitutes or may imply offense or damage to a third party or the application itself.






13. TERM AND TERMINATION




This agreement will be valid for an indefinite period, as of the registration and effective acceptance of the user, and may be modified or terminated unilaterally by Clusbe at any time, without any charge, as well as without any prior notice to the user.

The user may, at any time, request the suspension and / or deletion of your application account, terminating your relationship with Clusbe.

If the user chooses to suspend his account in the application, his profile information will be kept in the Clusbe database, and the LICENSEE may reactivate his access account at any time.




14. CHANGES




This version of the terms and conditions of use was last updated on: 10/22/2019.

Clusbe reserves the right to modify, at any time and without notice, the application and services, as well as these standards, especially to adapt them to the evolution of the Clusbe application, either by providing new features or by deletion or modification of existing ones.

Accordingly, the user is invited to periodically check this page for updates.

However, if we make substantial changes to these standards, we may provide notice in your email or when you open Clusbe.

The user who uses the service, after making changes to the general terms and conditions, demonstrates their agreement with the new rules. If you disagree with any of the changes, you should promptly cancel your account and submit your disclaimer to the customer service if you wish.




15. USER SERVICE




If you have questions, suggestions or problems using the Clusbe app, the user can contact your customer service directly at the email address: contato@clusbe.com. This customer service will be available 24 hours a day, 7 days a week.




16. APPLICABLE LEGISLATION AND FORM OF ELECTION




All items of these Terms and Conditions of Use are governed by the laws of the Federative Republic of Brazil.

For all matters regarding the interpretation, compliance or any other questions related to these Terms and Conditions of Use, the parties agree to submit to the Taubaté / SP City Forum.

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Welcome to!
The Clusbe app team wishes you great navigation!

1. Clusbe’s Privacy Policy

A. Our privacy policy details how Clusbe and a few select companies that we work with collect, use, share and protect information related to our mobile services, website, and software provided or associated with the services offered by Clusbe and its choices about the collection and use of this information.

B. Our policy applies to all visitors, users and others that access our services.

When you use any of our services you agree with the collection, transfer, storage, disclosure and usage of your information as described in this Privacy Policy.

Irrespective of your country of residency, you authorize us to use your information and, consequently, to transfer it, and store it in our base country. Privacy laws and data protection in our base country may differ from those of the country where you reside.

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2. What we collect and how we use Information

A. We can collect information from your computer, tablet, mobile phone or other devices where you install our Services depending on the authorizations granted to us.

B. We can aggregate information obtained from your various devices which will enable us to provide consistent Services between devices. See some of the examples of information we collect:

C. Operational system, hardware version, device configuration, name and type of file and software, battery and signal intensity, device identifiers.

D. Device location, including specific geographic location through GPS, Bluetooth or Wi-Fi signals.

E. Connectivity information such as the name of your mobile carrier or Internet Service Provider (ISP), type of navigation, language, time zone, mobile number and IP address.

F. Your user name, password, and e-mail address when you register for a Clusbe account.

G. Profile information you provide in your user profile (for example: name and last name; photo; location; interests). This information enables us to help you and others to be “found” in Clusbe.

H. User content you publish in the service

I. Communication between you and Clusbe. For example, we can send you an e-mail related to the service (e.g. account verification, changes/updates of the service resources, technical and security notifications). Please note that you cannot refuse receipt of e-mails related to the Service.

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3. Basic Account Information

When you create or reconfigure an account, you will furnish some personal data, such as your name, user name, password, e-mail address, location, interests, profession, and marital status. In Clusbe’s Services your profile photo, region and user name are made available publicly, including your profile page, and in search results and you can use either your real name or a pseudonym. Some Clusbe Services, such as search and viewing of public user profiles can be made without registration.

4. Contact Information

You will be able to use your contact information, such as your e-mail address to enable You will be able to use your contact information, such as your e-mail address to enable Services; for example, for access verification. We will be able to use your contact information to send you information about our Services, to offer them to you, to prevent spam, fraud and abuses and to help other persons find you, including through third party services and client apps.

Additional Information

You will be able to send us profile information that can be made public in the Clusbe Services,such as a brief biography, your complete name, your website, your date of birth, your gender, profession and marital status. For selected profile information fields, we furnish visibility configurations to determine who can access that portion of your information profile.

In the event you contact us by e-mail, we can store your message, e-mail information and contact information in order to respond to your request.

5. Livestream, posts, followers and other public information

Most of the information you provide us through Clusbe’s Services is composed of information you request us to make public. Such public information includes posts that you make and information contained therein, such as information about when you posted, related interests, location and app used, language, country and time zone associated with your account, persons that you follow, posts you liked or commented on, and other information resulting from your use of the Clusbe Services. We can use this information to make inferences about topics that may be of interest to you and to personalize the content we show you, including ads.

6. Location Information

Clusbe will be able to receive information about your location.

We will be able to determine your location using data from your device, such as information about your exact location through GPS, Wi-Fi or nearby cell towers. We may use and keep information about your location to add features to our services and improve or customize services, for example, with more relevant content, stories, local tendencies, ads and suggestions for people to follow.

7. Cookies and other technologies

When you access our service, we may use cookies and related technologies such as pixels, web beacons and local storage to collect information about how you interact with Clusbe and how we can provide resources to you.

We can request that our advertisers and other partners provide ads or services to your device and these ads or services may use cookies or related technologies installed by us or by third parties.

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8. Data Usage

When you use our services, we may receive information (data usage) such as your IP address, type of browser, operational system, web page origin, web pages visited, location, mobile carrier used, information about your device (including ID of device and app), topics researched and cookie information.

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9. Third Parties and Affiliates

Clusbe uses a variety of third party services to help us provide our array of distinct services.

These third party service providers may collect information sent by your device as a web page request, for example, cookies or your IP address. Advertising partners may share information with us such as a cookie browser ID, URL of websites visited, mobile device ID, and cryptographic hash of a common account identifier (e.g. e-mail address) to help us evaluate ads and customize them.

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10. Consent and User Guidance

We can share or disclose information in accordance with your guidance. Other users may share or disclose information about you, such as when they mention or highlight you in a photo, video or post.

11. Device Identifiers

A. When you use a mobile device such as a tablet or cell phone to access our Service, we may access, collect, monitor, store in your device or store remotely, one or more device identifiers. These are small data files, or data structures similar to what you have in your device or associated with it which allow identification of your device in a unique way. A device identifier may be composed of stored data associated with the hardware; stored data associated with the operational system native to the device; or other software or data sent to the device by Clusbe.

B. A device identifier may provide information to us or a third party partner of ours related to the type of web surfing and use of our Service you conduct and may help us and others provide tailor-made reports or content and ads. Some resources of the Service may not operate properly if the use or capabilities of these device identifiers are impaired or disabled.

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12. Service Providers

We hire service providers to carry out selected tasks and services. We may share your personal private information with such service providers, subject to the obligations consistent with this Privacy Policy and other confidentiality and security measures applicable, with the added condition that these third party service providers may only use your personal private data in our name and in accordance with our instructions.

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13. Law and Damages

Without prejudice to any provision against this Privacy Policy, we may maintain or disclose your information in the event we determine that such action is reasonable and necessary to obey prevailing Law, regulations, legal proceedings, or acts and orders of government authorities to protect the security of any person, resolve fraud related problems, security of a technical nature, or to protect the rights, and the property of Clusbe. Nevertheless, the Privacy Policy is not intended to limit any rights of defense or opposition which may assist you in relation to requests for disclosure of your information that may be made by third parties, including government entities.

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14. Transfer of the Business or Affiliates

In the event Clusbe is involved in the process of bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of the process. This Privacy Policy will govern your information as it is transferred to a new entity. We may also disclose information about you to our affiliates in order to provide, understand and improve our Services and the Services of our affiliates, including the delivery of ads.

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15. Data Analysis

We use third party tools to help us measure the traffic and the tendencies of our Service. These tools collect information sent by your device or our Service, including web pages you access, and other information that assist us in improving our Service. We collect and aggregate this information together with information from other users in an anonymous way, in such way that the data cannot be reasonably used to identify a specific user.

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16. Log File Information

A. Log file information is automatically provided by your browser when we make a request to access (visit) a page or website app. This information can also be provided when page content or web app is downloaded to your browser or device.

B. When you use our Service, our servers automatically record selected log file information, including your web request, IP address, type of browser, pages and URLs consulted/exited, number of clicks and how you interact with Service links, domain names, destination pages, viewed pages, and other similar information. We may also collect similar information through e-mails sent to our users, which help us track e-mails that are opened and which links are clicked on by recipients. This information allows us to have a more accurate report and improve the Service.

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17. Non-Private or Impersonal Information and Sharing of Information

We may share or disclose your information and data that is not considered private, is aggregated, or is not deemed to be of a personal nature, (including, among others, cookie data, log files, device identifiers, location data and user data) such as your public user profile, your public posts, people that you follow or that follow you, and the number of users that clicked in a specific link (hyperlink) and reports to advertisers about users that viewed or clicked in their ads.

We may also share selected information such as cookie data with third party advertising partners. This information allows networks of third party ads, among other matters, to provide targeted ads that are of greater interest to you.

We may also share your information about tools such as cookies, log files, device identifiers, and location data with third party organizations that help us provide the Service to you (Service Providers). Our Service Providers will receive access to your information as reasonably necessary to provide the Service in accordance with acceptable reliability terms.

We can remove pieces of data that can identify you and share anonymous data with other parties. We can also combine your information with other information so that they are no longer associated with you and share this aggregated information.

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18. Access and Changes to your Personal Information

If you are a registered user of our Services, we make available tools and configurations to access, correct, exclude or modify personal information you may have provided us with that are associated with your account. Your username cannot be changed; once registered, it becomes permanent.

You can also permanently exclude your account with Clusbe by clicking here. Your account will be deactivated and subsequently deleted. When your account is deactivated, it will no longer be viewable in Clusbe.com. Up to 30 days after deactivation, it will still be possible to reestablish the account in the event it was accidentally or illicitly deactivated. If there is no agreement between you and Clusbe to extend this period for a longer timeframe, after 30 days we will initiate the process of excluding your account from our systems, which may take a bit longer for conclusion.
Please remember that search engines and third parties may still retain copies of your public information, such as your user profile and public posts, even after the removal of this information by Clusbe or the deactivation of your account.

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19. Policy With Respect to Children

Our Services are not intended for persons 12 years or younger. In the event you learn that your underage child provided us with information without your consent, please get in touch with us. We do not deliberately collect information about children 13 years and under. If we learn that any child under 12 provided us with personal information, we will take measures to exclude the information and close the account of the child.

20. Changes in this Policy

We may make changes to this Privacy Policy from time to time. The most recent version will govern the use of your information and will always be available in our website. If we make any changes to this Policy which, to our sole discretion, we deem substantial, you will be notified through an update of Clusbe Service or through an e-mail sent to the electronic address associated with your account. When you access or use the Service after the date of implementation of the change, you will implicitly accept to be subject to the changed Privacy Policy.

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21. Contact Us

If you have any questions about this Privacy Policy or about our Service, please find in the support section of Clusbe the suitable channel to get in touch with us.
Or, if you want to contact us for any reason, send us an e-mail to contato@clusbe.com

How do I register?

Download the app

Press create or create account.

Create a user name -which will be unique-, register your e-mail, select your gender, select your date of birth and create a password.

Register your region.

Register some of your interests.

After that you will already be inside Clusbe, go to your profile and put your profile picture. After doing so, fill in your information and enjoy the Club to the max.

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Why is registering my region and my interests so important?

The registration of your interests and your region is important, why is it through your region and your registered interests that Clusbe suggests events, groups, profiles, photos, videos and texts for you. And also it is through your registered information that other people find you at the Club.

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How do I block a specific person from seeing my profile?

Click on the “three dots” at the bottom of the post or in the top of the profile, after doing so click on the denounce option, set the report type and click submit. How can I report a post or profile?

Click on the “three dots” at the bottom of the post or in the top of the profile, after doing so click on the denounce option, set the report type and click submit.

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How can I post a photo, video or text?

Click the “+” symbol at the bottom of the feed screen, choose what want to post and fill in the information.

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How do I tag a person in a comment?

Type “@” and write the name of the person in front.
Example: look at this lovely picture @username

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How do I create an event?

Click on the “+ symbol” at the bottom of the event screen and fill in the Necessary informations. Anyone can create a public event or private.

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How do persons find my event? Can I invite users that do not follow me? Why registering interests correctly is important?

You will be able to invite all of your followers and others users will also be able to do the same.

You can invite users who have interests related to your event and live close to the venue.

When you create a event you will register interests related to the event, your region, your date and other information. With this, Clusbe will make suggestions to users that have registered in their profile that they will be interested in the event.

Any user will be able to find your event through a search based on the information registered for your event.

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How can I see persons tagged in the photos?

Photos with people tagged have a symbol at the top right, and to see which people are tagged you need to click on this icon.

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How can I get contact Clusbe?

Go into settings and click on “report problem”, there will be a field for you to send us a message.