Terms of service

Terms of Use
Welcome to GAIAPOP! Thank you for choosing to use our services. Before proceeding, it is important that you read and understand our Terms of Use. By accessing and using GAIAPOP, you agree to abide by these terms. If you do not agree with any part of these terms, we recommend that you do not use our website and services.
1. Acceptance of Terms
By accessing or using GAIAPOP, you agree to fully comply with these Terms of Use, as well as all applicable laws and regulations. If you do not agree with these terms, please do not use our services.
1. Service description
GAIAPOP is an online platform that allows users to discover and support creative projects and participate in the community of creators. We offer a variety of features, including but not limited to crowdfunding projects, user profile creation, interaction with other users and access to exclusive content.
1. User Account
In order to use some GAIAPOP features, you may need to create a user account. You are responsible for ensuring that all information you provide when creating your account is accurate and up to date. Keep your login information confidential and do not share your password with third parties. You are entirely responsible for all activities that occur under your account.
1. When using GAIAPOP, you can send, post or display content, including, but not limited to, texts, images, videos and audios. You retain ownership of the content you submit to GAIAPOP, but you grant GAIAPOP a worldwide, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works from, publicly display and perform the Content in connection with the provision of our services .
2. You represent and warrant that you own or have the necessary licenses, rights, authorizations and permissions to grant the above license to GAIAPOP in relation to the content that you submit.
3. GAIAPOP does not endorse or assume any responsibility for any content posted or submitted by users. We reserve the right to remove any content that we deem inappropriate or that violates these Terms of Use.
1. User Conduct
By using GAIAPOP, you agree not to:
1. Post, send or transmit any content that is unlawful, defamatory, abusive, offensive, threatening, obscene, or that violates the rights of others;
2. Use GAIAPOP for any illegal or unauthorized purpose;
3. Interfere with or interrupt the operation of GAIAPOP or the servers and networks related to it;
4. Attempt to circumvent security or authentication measures;
5. Engage in any activity that violates the intellectual property rights of GAIAPOP or third parties;
6. Use robots, crawlers or other automated methods to access GAIAPOP or collect information from our users;
7. Impersonate another person or entity;
8. Harass, intimidate or threaten other GAIAPOP users;
9. Violate any applicable law, regulation or contract;
10. Practice any conduct that, at the sole discretion of GAIAPOP, is considered unacceptable.
11. Intellectual property
GAIAPOP and all its content, including but not limited to text, images, logos, trademarks, graphics and software, are the property of GAIAPOP or its licensors and are protected by copyright, trademark and other intellectual property laws.
You agree not to reproduce, modify, distribute, transmit, display, sell, license or commercially exploit any GAIAPOP content without the express written consent of GAIAPOP or its licensors.
1. Modifications to the Terms of Use
GAIAPOP reserves the right to modify these Terms of Use at any time, upon prior notification to users. It is your responsibility to regularly review these terms to be aware of any changes. Your continued use of GAIAPOP following the posting of changes to the Terms of Use constitutes your acceptance of the changes.
1. Termination
GAIAPOP may terminate or suspend your access to the website and services at any time, for any reason, without prior notice. All provisions of these Terms of Use that by their nature should survive termination will continue in full force and effect after termination.
1. Limitation of Liability
GAIAPOP shall not be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, arising out of the use or inability to use GAIAPOP.
1. Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of Brazil, and any dispute arising in relation to these terms will be submitted to the exclusive jurisdiction of the courts of Brazil.
By using GAIAPOP, you agree to the terms and conditions set forth herein. If you do not agree to these terms, please do not continue to use our services. If you have any questions or concerns about these Terms of Use, please contact us through the support channels made available on the website.
GAIAPOP PLATFORM – TERMS OF SERVICE
1. THE CONTRACTING PARTY’S EXPRESS CONSENT FOR THE PROCESSING OF PERSONAL DATA, IN THE STRICT MODES PROVIDED FOR IN ARTICLES 7, ITEM I, COMBINED WITH ARTICLE 8, § 1, OF FEDERAL LAW No. 13,709, OF AUGUST 14, 2018:
1.1. The CONTRACTING PARTY declares, for all purposes in fact and in law, its express consent to the processing of personal data by the CONTRACTOR, in the manner expressly provided for in articles 7, item I; and 8, §§ 1 and 3, of Federal Law No. 13,709, of August 14, 2018, without any defect of consent.
1.2. In strict accordance with the provisions of Articles 8, § 4; and 9, of Federal Law No. 13,709, of August 14, 2018, the consent granted by the CONTRACTING PARTY to the CONTRACTED PARTY refers to the determined purposes: user access control, whether they would be connected or not; and history record.
2. THE EXPRESS DECLARATION BY THE CONTRACTED PARTY ABOUT THE ADEQUACY TO THE PROVIDED FOR IN ARTICLES 33 TO 36, OF FEDERAL LAW No. 13,709, OF AUGUST 14, 2018, AS REFERRED TO THE INTERNATIONAL TRANSFER OF PERSONAL DATA:
2.1. The CONTRACTOR expressly declares, for all legal and factual purposes, in the item in question, full compliance with the provisions of articles 33 to 36, of Federal Law No. 13,709, of August 14, 2018, with regard to the international transfer of personal data; by full proof through all physical and electronic means admitted by law.
3. Acceptance
A. The GAIAPOP platform is software licensed by GAIAPOP MEDIA CREATIONS INC., headquartered in the city of Miami Springs, state of Florida (USA), at NW 36th Street, nº 5465, ZIP CODE: 33166, registered under FEIN: 88 -0851389, which from this point on will be referred to as “SOFTWARE”. The company GAIAPOP MEDIA CREATIONS INC. is designated as CONTRACTING PARTY in this term.
B. By using the “SOFTWARE” or any products derived therefrom, such as applications, web sites, programs, data delivery and services provided to you, from or through the “SOFTWARE” software. You signify your agreement to these terms and conditions (“Terms of Service”). If you do not agree with any of these Terms of Service, you must not use the “SOFTWARE”.
C. While we endeavor to notify you whenever major changes are made to these Terms of Service, you should periodically review the most current version of the Terms of Service on the “SOFTWARE” applications and web sites. The “SOFTWARE” may, at its sole discretion, modify or revise these Terms of Service and its policies at any time, and you agree to comply with such modifications or revisions. Nothing in these Terms of Service shall be construed as granting any rights or benefits to third parties.
D. It is important to know that the content of the “SOFTWARE” is controlled and offered by the GAIAPOP Service (https://gaiapop.eitvcloud.com), which from this point forward we will refer to as “SERVICE”. The CONTRACTOR does not guarantee that the content of the “SERVICE” is appropriate or available for use in locations other than Brazil. Persons accessing or using the “SOFTWARE” from other jurisdictions do so at their own risk and are responsible for compliance with regional/national laws.
E. With regard to the ability to accept the Terms of Service, you affirm that you are over 18 years of age or an emancipated minor, or that you are in possession of legal authorization from parents or guardians, and fully capable of consenting to the terms, conditions, obligations, statements, representations and warranties described in these Terms of Service, and obey and comply with them. In any event, you represent that you are over the age of 18, as the “SOFTWARE” is not designed for children under the age of 18. If You are under the age of 18, You must not use the “SOFTWARE”. You should talk to your parents about which apps and websites are appropriate for you.
4. The Service
A. These Terms of Service apply to all users of the “SOFTWARE”, including users who also contribute content to the “SOFTWARE”. “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials that You may view, access, or contribute to the “SERVICE”. The “SERVICE” includes all aspects of the “SOFTWARE”, including, but not limited to, all products, applications, websites, programs and services offered through the “SERVICE”.
B. The “SOFTWARE” and “SERVICE” may contain links and embedded content from third-party websites that are not owned or controlled by the “SOFTWARE” and “SERVICE”. The “SOFTWARE” and “SERVICE” have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party website. Furthermore, the “SOFTWARE” and “SERVICE” cannot and will not censor or edit the content of any third party website. By using the “SOFTWARE” and “SERVICE”, you expressly release the “SOFTWARE” and “SERVICE” from any and all liability arising from your use of any third-party website.
C. Consequently, we advise You, when using the “SOFTWARE” and “SERVICE”, to read the terms and conditions and the privacy policy of all other websites that You visit.
5. “SOFTWARE” Accounts
A. In order to access some contents of the “SERVICE”, you will have to create an account in the “SOFTWARE”. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete data. You are solely responsible for the activity that occurs under your account, and you must keep your account password in a safe place. You must notify the “SERVICE” immediately of any breach of security or unauthorized use of your account.
B. Although the CONTRACTOR is not responsible for any loss caused to you by the unauthorized use of your account, you may be held responsible for the losses of the “SOFTWARE” or other losses arising from such unauthorized use.
6. General Use of the Service – Permissions and Restrictions The “CONTRACTOR” hereby grants you permission to access and use the “SERVICE” as described in these Terms of Service, provided that:
A. You agree not to distribute to/by any means any part of the “SERVICE” or the Content without prior written authorization from the CONTRACTOR”, unless the “SOFTWARE” makes the means of distribution available, through functionalities offered by the “SERVICE ” (like “Embeddable Player”).
B. You agree not to change or modify any part of the “SERVICE”.
C. You agree not to access the Content through any technology or other means other than the “SERVICE” video display pages, the “Embeddable Player” or other expressly authorized means that the “SOFTWARE” may indicate.
D. You agree not to use the “SERVICE” for any of the following commercial uses, unless you obtain the CONTRACTOR’s prior written approval:
– the sale of access to the “SERVICE”;
– the sale of advertising, sponsorships or promotions linked to the “SERVICE” or the “SOFTWARE”; or
– the sale of advertising, sponsorships or promotions on any blog page of an enabled ad or website containing Content delivered through the “SERVICE”, unless other materials not obtained from the “SOFTWARE” appear on the same page and are of sufficient value to be the basis of such sales.
E. Prohibited commercial uses do not include:
– Submit an original video on the “SERVICE” or maintain an original instance on the “SERVICE” to promote your business or artistic endeavor, and
– Show videos of the “SERVICE” through the “Embeddable Player” on a blog or website with advertisement enabled, without prejudice to the restrictions on advertising established in Section 6.D; or
– Any uses that the “SOFTWARE” or the “SERVICE” expressly authorize in writing.
F. If You use the Embeddable Player of the “SERVICE” on Your website, You may not modify, extend or block any part or functionality of the Embeddable Player, including but not limited to the link to the website of the “SERVICE”.
G. You agree not to use or launch any automated system, including but not limited to “robots,” “spiders” or “offline readers,” that access the “SERVICE” in order to send further request messages to the servers of the “SOFTWARE” in a given period of time than it is humanly possible to respond in the same period through a conventional browser. Notwithstanding the foregoing, the “SERVICE” grants permission to operators of public search engines to use spiders to copy materials from the web site for the sole purpose of, and exclusively to the extent necessary, to create and make available public indexes of materials searchable, but not caches or archives of such materials. The “SERVICE” reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal information, including account names from the “SOFTWARE”, or use the communication systems provided by the “SOFTWARE” (eg, comments, email) for commercial solicitation purposes.
H. When using the “SOFTWARE” and the “SERVICE”, you shall comply with all applicable laws and regulations, whether regional, national or international.
I. The “SOFTWARE” reserves the right to discontinue any aspect of the “SERVICE” at any time.
7. Use of Content
In addition to the general restrictions set out above, the following restrictions and conditions apply specifically to your use of the Content.
A. The Content of the “SERVICE” and the trademarks, service marks and logos (“Marks”) made available on the “SERVICE”, are licensed for the “SOFTWARE”, subject to copyright and other intellectual property rights under the terms of law.
B. The Content is provided to you AS IS. You may access the Content for your information and personal use only within the functionality provided by the “SOFTWARE” and as permitted in these Terms of Service. You may not download any content unless you see a “download” or similar link displayed by the “SOFTWARE” to that Content. You may not copy, reproduce, distribute, transmit, display, sell, license or exploit any Content for any other purposes without the prior written consent of the “SERVICE” or the licensors of the respective Content. The “SOFTWARE” and its licensors reserve all rights that are not expressly granted in the “SERVICE” and for the Content.
C. The user agrees not to circumvent, disable or in any way interfere with security-related features of the “SERVICE” or features that prevent or restrict the use or copying of any Content or impose limitations on the use of the “SERVICE” or any your Content.
D. You understand that by using the “SERVICE”, you will be exposed to Content from various sources, and that the “SOFTWARE” is not responsible for the accuracy, usefulness, security or intellectual property of or related to such Content. You understand and agree that you may be exposed to Content that is inaccurate, offensive, indecent or otherwise objectionable, and you agree to waive, as you do in effect, any present or future legal or equitable right or remedy against the “SERVICE” in relation to these matters and, to the extent permitted by law, agrees to indemnify and hold harmless the “SERVICE”, its Owners, Operators, affiliates, licensors and licensees, to the maximum extent permitted by law, in relation to all matters relating to the use of the “SOFTWARE” and the “SERVICE”.
8. Your Content and Conduct
A. As an account holder for the “SOFTWARE”, you may submit Content to the “SERVICE”, including videos and user comments. You understand that the “SOFTWARE” and the “SERVICE” do not guarantee the confidentiality of any content you submit.
B. You will be solely responsible for your Content and the consequences of submitting or posting it. You represent, represent and warrant that You own or have the necessary licenses, rights, authorizations and permissions to publish the Content that You submit, and You authorize the “SOFTWARE” and the “SERVICE” to use all patents, trademarks, trade secrets business, copyright or other proprietary rights and such Content for publication on the “SERVICE” in accordance with these Terms of Service.
C. For clarity, you retain all ownership rights in your Content. However, by submitting content to the “SOFTWARE” and “SERVICE”, you hereby grant the “SOFTWARE” and “SERVICE” a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use , reproduce, distribute, prepare derivative works, display and perform the content in connection with the “SOFTWARE” and the “SERVICE”, including, but not limited to, activities to promote and redistribute part or all of the Content (and derivative works) in any media format and through any media channel. You further grant all users of the “SOFTWARE” and the “SERVICE” a non-exclusive license to access your Content through the “SOFTWARE” and the “SERVICE”, and to use, reproduce, distribute, display and perform such Content as permitted by the “SOFTWARE” and “SERVICE” functionalities and in accordance with these Terms of Service. The licenses granted by you above relating to the Content you submit to the “SOFTWARE” and the “SERVICE”, will terminate within a commercially reasonable time after the removal or deletion of the Contents from the “SOFTWARE” and the “SERVICE” . The above licenses granted by you in connection with User Comments You submit are permanent and irrevocable.
D. You agree that you will not submit copyrighted, trade secret or otherwise protected material unless you have permission from the rightful owner of the material or you are legally authorized to post the material and assign to the “SOFTWARE” and “SERVICE” all license rights granted herein.
E. Additionally, you further agree that you will not submit to the “SOFTWARE” and “SERVICE” any Content or other material that is contrary to the guidelines of these Terms of Service as may be updated from time to time, or that are contrary to the local, national and international laws and regulations.
F. The CONTRACTOR does not endorse any Content sent to the “SOFTWARE” and the “SERVICE” by any user or licensor or any opinion, recommendation or advice expressed therein, and the CONTRACTOR expressly disclaims any and all liability related to the Content. The CONTRACTOR does not allow activities that violate copyrights or intellectual property rights in the “SOFTWARE” and the “SERVICE”, and the CONTRACTOR will remove all Content when duly notified that such content infringes the intellectual property rights of any other person. The CONTRACTOR reserves the right to remove the Content without prior notice.
9. Account Cancellation Policy
A. The CONTRACTOR will cancel the User’s access to the “SOFTWARE” and the “SERVICE” if, under appropriate circumstances, the user proves to be a persistent offender. Repeated infringer is the User who has been notified of his infringing activity more than twice.
B. The CONTRACTOR reserves the right to decide whether the Content is appropriate and complies with these Terms of Service with regard to infringements other than infringements or violations of copyright laws, such as, but not limited to, to pornography, obscene or defamatory material, (including libel, slander or libel), or excessively long. The CONTRACTOR may at any time, without prior notice and at its sole discretion, remove such Content and/or cancel a User account for sending such materials that violate the Terms of Service.
10. Digital Authorship Millenium Act
A. If You are a copyright owner or an agent for a copyright owner and You believe that any Content infringes Your copyright, You may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”), providing the CONTRACTOR with the following information in writing:
– Physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
– Identification of the copyrighted work allegedly infringed, or if multiple copyrighted works on a single online site are included in a single notice, submit a representative list of such works on that site;
– Identification of the allegedly infringing material or the subject of infringing activity that must be removed, or access to which must be disabled, with information reasonably sufficient to allow the service provider to locate the material;
– Information reasonably sufficient to allow the service provider to contact you, such as address, telephone number and, if possible, email address;
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; It is
– Declaration that the information contained in the notification is accurate and, under penalty of penalties provided by law, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed. You may send notices of infringement to contact@gaiapop.org. For clarification purposes, notices of DMCA violations should be sent to contact@gaiapop.org; any other suggestion, comment, request for technical support and other matters can also be sent to the CONTRACTOR’s customer service by email contact@gaiapop.org. You acknowledge that if you fail to comply with all of the requirements described in this Section 8(A), your information regarding the DMCA and/or other applicable laws may not be accepted.
B. Counter Notification. If you believe that your Content has been removed (or access to which you have been disabled) is not infringing, or that you are authorized by the copyright owner, the copyright owner’s representative, or under the law to submit and use the Content, you may submit a counter notification to contact@gaiapop.org containing the following information:
– Physical or electronic signature;
– Identification of the content removed or access to which has been disabled and where the Content appeared before it was removed or disabled;
– A statement that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misinterpretation of the Content; It is
– Name, address, telephone number and email address, statement that it submits to the applicable jurisdiction and statement that it will receive service of summons from the person who filed the notification of the alleged infringement.
If the “CONTRACTOR” receives a counter-notification, the “CONTRACTOR” may send a copy of the counter-notification to the original claimant informing that the removed content may be placed back in the “SERVICE” or its access reactivated within 10 business days. If the copyright holder fails to bring an action seeking court order against the service provider, member or user, the removed content may be reposted, or your access restored, 10 to 14 business days or more after receipt of the counter-notification, at sole discretion of the “CONTRACTOR”.
11. Waiver
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, TO THE EXTENT PERMITTED BY LAW. THE CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES DISCLAIM ANY LIABILITY, EXPRESS OR IMPLIED, RELATED TO THE “SOFTWARE” AND THE “SERVICE” AND YOUR USE OF THEM. THE SERVICE PROVIDER DOES NOT GUARANTEE OR BE RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE “SOFTWARE” OR THE CONTENT OF ANY WEBSITE LINKED TO THE “SERVICE”, AND DOES NOT ASSUME ANY OBLIGATION OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, ( II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS AND USE OF THE “SOFTWARE” AND THE “SERVICE”, (III) ANY ACCESS OR USE OF PROTECTED SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR STORED ALI THAT HAVE NOT BEEN AUTHORIZED, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO AND FROM THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF ANY CONTENT OR E-MAIL SENT , TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE “SOFTWARE” AND THE “SERVICE”. THE SERVICE PROVIDER DOES NOT WARRANT, ENDORSE, DEFEND OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCLOSED OR OFFERED BY THIRD PARTIES THROUGH THE “SOFTWARE”, THE “SERVICE” OR ANY HYPERLINK OF THE “SOFTWARE” AND “SERVICE”, OR DISPLAYED ON ANY BANNER OR OTHER TYPE OF ADVERTISING, AND THE SERVICE PROVIDER WILL NOT PARTICIPATE IN OR BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS YOU DO WHEN PURCHASING A PRODUCT OR SERVICE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE COMMON SENSE AND USE CAUTION WHEN NECESSARY.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, ERRORS OR INACCURACIES OF CONTENT, (II) DAMAGE TO PERSONS AIS OR MATERIALS, OF ANY NATURE, RESULTING FROM YOUR ACCESS AND USE OF THE “SOFTWARE” AND “SERVICES”, (III) ANY ACCESS OR USE OF THE PROTECTED SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREOF WHICH DO NOT HAVE BEEN AUTHORIZED, (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY NATURE SUFFERED AS A CONSEQUENCE OF THE USE OF ANY CONTENT OR E-MAIL SENT, TRANSMITTED OR OTHERWISE FORM AVAILABLE THROUGH THE “SOFTWARE” AND THE “SERVICE”, WHETHER IN LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL EVENT, AND REGARDLESS OF WHETHER THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR THE CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF INJURY OR DAMAGE RESULTING THEREOF IS ENTIRELY WITH YOU.
13. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the CONTRACTOR, its parent company, its officers, directors, employees and representatives from any and all lawsuits, damages, obligations, losses, costs or debts (including, but (not limited to attorney fees) arising from: (I) use and access to the service; (II) breach of any provision of these Terms of Service; (III) violation of any third party right, including but not limited to copyright, property or privacy rights; or (IV) any allegation that any content has caused harm to third parties. Such defense and indemnification obligation will survive these Terms of Service and your use of the “SOFTWARE” and “SERVICE”.
14. Assignment
These Terms of Service and any rights and licenses granted hereunder cannot be transferred or assigned by you, but may be transferred by the CONTRACTOR without any restriction.
15. General Provisions
You agree that: (I) the headquarters of the “SERVICE” will be considered exclusively the one located at the CONTRACTOR’s address; and (II) the “SOFTWARE” will be considered a passive software that does not give rise to personal jurisdiction over the “CONTRACTOR”, whether specific or general, in any other jurisdiction than that of the CONTRACTOR. These Terms of Service will be governed by the internal laws of the CONTRACTOR’s State, regardless of the principles of conflict of laws. Any claim or dispute between you and the “SERVICE” arising in whole or in part from the “SERVICE” will be resolved exclusively by a competent court. These Terms of Service and any other legal notices published by the CONTRACTOR in the “SOFTWARE” and in the “SERVICE” are part of the contract between you and the CONTRACTOR in relation to the “SERVICE”. If any provision of these Terms of Service is held to be invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions, which will remain fully valid and enforceable. The waiver of any term of these Terms of Service will not be considered an additional or continuous waiver of that or any other term, and the failure by the CONTRACTED PARTY not to enforce any right or clause under these Terms of Service will not constitute a waiver of such right or clause. The CONTRACTOR reserves the right to change these Terms of Service at any time and without notice, and it is its responsibility to review these Terms of Service to verify the occurrence of any changes. The use of the “SOFTWARE” and the “SERVICE” by you following any amendment to the Terms of Service will imply consent and acceptance of the amended terms. YOU AND THE SERVICE PROVIDER AGREE THAT ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THE “SOFTWARE” AND THE “SERVICE” MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, THE LAW WILL PRESCRIBE.
Date: January 4, 2023.