Last Update: 20/07/2015
THIS IS AN ELECTRONIC ACCEPTANCE AGREEMENT. IT IS IMPORTANT THAT YOU, THE USER, READ ITS TERMS AND CONDITIONS CAREFULLY PRIOR TO ITS ACCEPTANCE.
BY ACCEPTING THIS AGREEMENT AND USING THE SERVICES PROVIDED BY ESSIA, THE USER AGREES TO ITS TERMS AND CONDITIONS WITHOUT RESTRICTIONS OR RESERVATIONS.
PARTIAL OR RESERVED ACCEPTANCE OF ITS TERMS AND CONDITIONS DESCRIBED BELOW IS NOT VALID OR LEGALLY POSSIBLE. IF YOU DO NOT AGREE UNRESERVEDLY WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST STOP IMMEDIATELY USING ANY SERVICES PROVIDED BY ESSIA UNDER THIS AGREEMENT.
This is a legally valid and binding contract between the Service Provider Essia INC., a North-american company, headquartered in the state of Delaware, hereinafter referred to simply as ESSIA and YOU, the USER, regulating the use and fruition of ESSIA’S PLATFORM (hereinafter referred to simple as the “PLATFORM”).
LIMITATION OF LIABILITY
Even though we establish rules of conduct for users, we do not control or orient the actions of users in the PLATFORM, and we cannot be held not responsible for the content or the information that users post, transmit or share, under any circumstance. We are not responsible for any content or data that may be considered offensive, inappropriate, obscene, unlawful or questionable, that you can find in the PLATFORM. We are not responsible for the conduct, online or offline, of any user of the PLATFORM.
WE TRY TO KEEP THE PLATFORM UPDATED, SECURE OR ERROR-FREE, BUT YOU ELECT TO USE IT AT YOUR OWN RISK. WE PROVIDE THE PLATFORM “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL ALWAYS BE SAFE, PROTECTED, ERROR-FREE, OR THAT ALWAYS IT WILLALWAYS WORK UNINTERRUPTED, WITHOUT DELAYS OR INACCURACIES. ESSIA IS NOT RESPONSIBLE FOR ACTIONS, CONTENT, INFORMATION OR THIRD PARTY DATA, AND YOU WAIVE AND RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATING IN ANY WAY TO ANY CLAIM YOU HAVE AGAINST THIRD PARTIES. IF YOU ARE A RESIDENT IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO ANY OF ESSIA’S SERVICES, EVEN IF WE HAVE BEEN ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OF ESSIA’S SERVICES SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (USD$100) OR THE AMOUNT PAID BY YOU TO ESSIA IN THE LAST TWELVE MONTHS. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXEMPTION OF LIABILITY, THEN ESSIA'S LIABILITY SHALL BE LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
The PLATFORM receives and stores copyright content of its USERS, and provides a virtual environment for publication, distribution and exhibition of such content, so that users can view such content on any compatible electronic device, which has the appropriate ESSIA Application (hereinafter referred to as "Application") installed, or which has a supported Web browser installed.
Your comments or other suggestions about the PLATFORM are always welcome, but please understand that we can use these comments or suggestions without any obligation to compensate you for them, and you do not have any obligation to offer them.
ESSIA can offer one or more paid manners of access or use of the PLATFORM, according to prices and conditions posted on our website. The user who chooses to use the PLATFORM in a paid manner may be subject to specific conditions of use detailed herein or in an additional term.
INFORMATION AND CONTENT
You are the owner of all the information and content you submit in or through the PLATFORM. You can control how it will be published, distributed, shared or exhibited, through your settings. You understand and agree that Essia hereby receives a non-exclusive, worldwide, royalty-free license, which allows ESSIA to distribute, publish or communicate to the public your content or content inserted in the ESSIA PLATFORMA by you (including sharing through social media sites such as facebook), as part of the normal use of the ESSIA PLATFORM, or to edit the content only to adjust its format, form of display, font, colors and other graphical attributes, or to display portions of content when the method of distribution so require it (such as for distribution of fractions, parts or chapters of the content as a form of marketing, promotion or advertising), and also to back-up, store, transfer content between our servers, or make any other use of the content within the normal dynamic of operation of the ESSIA PLATFORM. ESSIA can also transfer or assign all these rights to any other company or entity that takes over the operation of the ESSIA PLATFORM, without your prior consent. This License ends when you delete your content or your account, unless your content has been shared, distributed and downloaded for display devices, or transferred to third parties and the third party does not delete ort remove it from the PLATFORM.
When you publish content or information, should be aware that they may be viewed and accessed by the general public, and that you are allowing everyone, including, possibly, people outside the PLATFORM, to access and use this information and/or associate it to you (i.e., your name and photo as displayed at the PLATFORM profile). Evaluate carefully what you want to publish, and when to do it.
By posting any content, you undertake and agree to the following obligations:
- do nothing that could disable, overburden or prevent the operation or proper appearance of the PLATFORM, such as a denial-of-service attack or interference in the processing of the page or another functionality of the PLATFORM;
- do not publish unauthorized advertising or commercial communications (such as spam);
- do not collect content or user information, or access the PLATFORM, using automated means (such as bots, robots, spiders, or scrapers) without our prior written permission;
- do not solicit login information or access an account belonging to someone else;
- do not intimidate, harass or practice bullying against any user;
- do not publish content that contains hate speech, is threatening or pornographic; incites violence; or contains nudity, or graphic or gratuitous violence.
- do not to publish content related to alcohol, sex, dating or other mature content (including advertisements) without appropriate restrictions based on age;
- do not use the PLATFORM to practice any unlawful, illegal, malicious or discriminatory act;
- do not take part of illegal multilevel marketing like a pyramid scheme, in the PLATFORM;
- do not upload viruses, malware or other malicious code;
- do not post content or take any action in the PLATFORM that infringes or violates the rights of others, or the applicable law in your jurisdiction;
- do not post identification documents or confidential financial information in the PLATFORM.
By installing and using the ESSIA Application ("Application") for mobile phones, tablets or other applicable devices, it may ask your permission to access your content and information, as well as the content and information that others have shared with you. You agree to never alter or modify this Application, or to perform any act which results in the violation of intellectual property rights in such Application, such as reverse engineering, decompiling, changes in its source code, malicious code insertion, or any other similar act.
Currently, we provide our Application and its mobile services for free, but remember that rates, costs, fees and normal taxes of your mobile carrier or mobile network operator, such as text messaging rates, still apply.
In the future, ESSIA reserves the right to start charging for any part of its services, subject to prior notification and consent of the users who choose to continue the fruition of such services.
You consent and provide all rights necessary to enable users to synchronize their devices with any information (including through an application) visible to them in the PLATFORM.
If you download or use our Application, or otherwise access or use the PLATFORM, you agree that the software may download and install, automatically or not, upgrades and additional resources periodically in order to improve or develop it, as well as collect anonymous statistical information about its use, with the aim to improve it.
We do everything possible to maintain the safety of the PLATFORM, but the user should be aware that information and communication systems are subject to malicious acts of third parties, and that ESSIA cannot be held responsible, under any circumstances, for tort, intentional , malicious or illegal third party’s acts that exceed the limits of technical predictability of the moment when they occur.
REGISTRATION AND ACCOUNT SECURITY
By creating an account at the PLATFORM, you must agree to follow some obligations aimed to maintain security of your account and of all users:
- You will keep your contact information current and accurate;
- You will not provide any false personal information, or create an account to any other person or entity other than you, without permission;
- You will not create more than one personal account;
- If you deactivate your account, you should not create another without our permission;
- You will not use the PLATFORM if you are underage;
- You will not transfer your account (including any page or application managed by you) to anyone without first getting our written permission;
- If you select a particular username or identifier to your account or page, we reserve the right to remove or retrieve this name or identifier if we consider appropriate or lawful (e.g., when a legitimate owner of a trademark claims a name user);
- You will not share your password, let anyone else access your account or practice any act that might compromise the security of your account.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS PROVIDED BY LAW
In the case of creation of accounts for legal entities (such as companies), the responsible user must have legal authorization to represent such legal entity, and, if not, then ESSIA may choose to cancel that account or restrict all or part of its contents at any time, at its sole discretion, even without complaint from any third party. ESSIA may still require you to make adjustments or changes to the content or the account created to adapt to this agreement or applicable law.
If you suspect or find that any content on ESSIA violates the rights of others, please contact us immediately via email at email@example.com. If we remove your content for infringing these terms and/or the law, and you believe we removed it by mistake, you can contact us by email and we will analyze the case carefully, but we reserve the right to evaluate and decide in these cases, without any obligation to provide explanations, justifications or offer any formal appeal. By using the PLATFORM you agree without restrictions that ESSIA is sovereign in its decision on what type of content or use is acceptable, at any time, without any right to compensation, justification or appeal.
If you infringe the intellectual property of others, we may disable your account when appropriate.
You will not use our copyrights, trademarks, or any similar trademarks that may cause confusion, except as expressly authorized by our Usage Guidelines marks or with our prior written permission.
You grant us permission to use your name, profile image, content and information related to commercial, sponsored, or related content.
Services of ESSIA, its applications and ESSIA trademarks ("ESSIA properties") are protected by copyright, trademark and other applicable laws, treaties, and national and international rules. This agreement does not grant you any right, title or interest in ESSIA properties. You cannot make any use, commercial or not, of ESSIA properties, without our prior written permission.
If you violate the terms or the essence of this agreement, or generate risk or possible legal exposure for ESSIA, we may terminate this agreement without notice, and delete your account and/or any of its contents. Whenever possible, we will seek to notify you before, to allow the solution or clarification of the situation, but we have no obligation to proceed this way.
Upon termination, we will notify you by e-mail or the next time you attempt to access your account.
You can also delete your account or disable your application at any time.
In all these cases, the provisions of this Agreement aimed at protecting the parties after its termination will still apply.
ADVERTISEMENTS AND OTHER PUBLISHED COMMERCIAL CONTENT PROVIDED OR ASSOCIATED WITH ESSIA
We aim to publish ads and other commercial or sponsored content that are important to our users and advertisers. To help us in this regard, you agree to the following terms.
ESSIA reserves the right to insert or provide commercial ads, mobile marketing and similar content ("Marketing Actions") on its PLATFORM or applications, at any time, even if associated with any of the content of the user, without any compensation or previous notice to the user. The user grants ESSIA a specific license to alter, modify or associate his/her content with such Marketing Actions, without notice. As a general rule, ESSIA will restrict such Marketing Actions in the case of users who pay for the services (e.g., premium users), or who meet certain other criteria applicable at the time (for example, users from eligible institutional partners of ESSIA).
If you post content that could be considered as marketing actions for the benefit of you or any third parties, or any business or entity of which you are partner, controller, employee, or representative, you will be solely responsible for any and all damages, claims, lawsuits or failures arising out of your services or specific products, as advertised or marketed by you.
We will notify you before making changes to these terms and give you the opportunity to review the new terms before continuing to use our services. If we make changes in policies, guidelines or other terms mentioned or incorporated in this Agreement, we can provide a warning on the applicable page of our website. If you continue to use any of our Services after the notice of change on our terms, policies or guidelines, this will constitute your acceptance of the new terms, policies or guidelines, as changed.
We seek to address your concerns or complaints in a friendly and caring manner, in good faith and with respect for you, without the need for a formal judicial process. Before starting any action or proceeding against ESSIA, you agree to try to settle the dispute amicably by contacting us by e-mail at firstname.lastname@example.org. We will try to resolve the dispute informally by contacting you by email. If a dispute is not settled within fifteen (15) days after that date, you or ESSIA may then start or file an action or formal procedure.
You agree to settle any claim, action, proceeding or dispute arising out of or related to this Agreement, exclusively before the courts of the city of Rio de Janeiro, State of Rio de Janeiro, Brazil, and you agree to submit to the exclusive personal jurisdiction of such courts in order to file and process all such claims. The laws of the Federative Republic of Brazil shall govern this legal relationship.
If a third party files or initiates an action, claim, complaint or proceeding against ESSIA, in any way related to your actions, content or information on the PLATFORM, you shall exempt and hold ESSIA harmless from responsibility for any damages, losses and expenses any kind (including applicable legal and court expenses) in respect to such action or proceeding.
SPECIAL PROVISIONS APPLY TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but also seek to respect local laws. The following provisions apply to users and non-users who interact with the PLATFORM outside the United States.
You agree to having your personal data transferred to and processed in the United States.
If you reside in a country embargoed by the United States or part of the list of the US Treasury Department's Specially Designated Nationals you will not engage in commercial activities in the PLATFORM (such as advertising and payments) or operate a Platform application or website. You will not use the PLATFORM if you are prohibited from receiving products, services or software originated in the United States.
The terms "ESSIA" or "ESSIA Services" cover the features and services we make available, including through (a) our website www.essia.com and any other site of ESSIA brand or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (B) our PLATFORM or applications; (C) plug-ins or browser extensions (d) and other media, brands, products, services, software (such as a toolbar), devices or existing networks or later developed. ESSIA reserves the right to determine, in its discretion, which brands, products or services are governed by separate terms and not by this agreement. The term "content" involves everything that you or other users post, provide or share using the services of ESSIA, in particular the PLATFORM. The term "publish" involves post or make available content using the PLATFORM or any other ESSIA Services. The term "use" means use, execute, copy, move or display publicly, distribute, modify, translate, and create derivative works.
This contract makes up the entire agreement between the parties with respect to ESSIA and the PLATFORM and takes precedence over earlier agreements. If any portion of this Agreement is found unenforceable, the remaining portion will remain in full force. If we fail to claim any part of this Agreement, this will not be considered as waiver of rights. You may not assign your rights or obligations under this agreement to anyone else without our consent. All of our rights and obligations under this agreement are freely assignable by us in connection with mergers, acquisitions, sale of assets, legal requirements or other factors. Nothing in this agreement will prevent us from complying with the law.
We reserve all rights not expressly granted to you.
You must comply with all applicable laws in your jurisdiction when using or accessing the PLATFORM, exempting ESSIA from any liability, albeit subsidiary, in this regard.
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