Termos de Uso
Provedor (the “Empresa“, “us“, “our” or “we“) provides vicariously through its designated software and website (the “Site“) certain marketing, advertising, promotion and related services (the “Serviço“; the Serviço users shall be referred to as the “Usuários“, “você“or “seu“). These Termos de Uso (the “Terms“) govern the Usuários access and use of the Site and Serviços. Usuários must agree to these Terms prior to using the Site.
Please read these Terms carefully. These Terms govern seu access to and use of the Site and Serviços. By accessing, registering to use, downloading, sharing or otherwise using the Site or using any software scripts provided by us in order to make the Site available or usable, você signify seu assent to both these Terms and our Política de Privacidade, and which may be modified or otherwise changed from time to time at our sole discretion. Your continued use of the Site will be deemed acceptance to any such amended or updated terms. If você do not agree to any of these Terms, please do not click “ACEITAR” and do not use the Site.
Site refers to Forte Fondeza, accessible from Forte Fondeza
1. Use of Site and Serviços
Subject to the terms and conditions set forth herein, você may access and use the Site for the purpose of using the Serviços on a non-exclusive basis. You acknowledge that the Empresa may, in its sole discretion and a qualquer momento, modificar, atualizar ou alterar de qualquer outra forma the Site or Serviços, including discontinuing providing any part or all of the Site and/or Serviços or modify or delete any content available through the Site or Serviços, sem aviso prévio.
Use of the Site and Serviços is void where prohibited. By using the Site and Serviços você represent and warrant that: (a) any information você submit (if applicable) is truthful and accurate; (b) você will manterá a precisão dessas informações; (c) você are at least the idade de maioridade em sua jurisdição; and (d) seu use of the Site or Serviços does not violate or promote the violation of any lei ou regulamento aplicável or any obrigação legal ou contratual você may have to a third party and você have and will at all times comply with all applicable laws, rules and regulations in connection with seu use of the Serviços and Site, any services arranged through the Serviços and Site, including without limitation such services connected in any way to the Produtos or Terceiros, as such terms are defined herein.
Subsections (a)-(d) shall be referred to, jointly, as the “Declarações e Garantias dos Usuários“.
By using the Serviços or Site você understand and agree that the Empresa may in its sole discretion, but is not required to, verify that any or all of the Declarações e Garantias dos Usuários are met by any Usuário and você further agree that the Empresa is not responsible for assuring that the Declarações e Garantias dos Usuários are met or for any failure to suspend, terminate or prevent the use of the Serviços or Site by Usuários who do not meet the Declarações e Garantias dos Usuários. You understand that você are solely responsible for making seu own evaluations, decisions and assessments about whether to engage with any Terceiros or otherwise interact with any Terceiros in any way. If você become aware of any violation to the Declarações e Garantias dos Usuários você are encouraged to report it to the Empresa.
A Empresa reserva-se o direito not to provide você with any Serviços with or without notice in its sole discretion, whether it becomes aware of any violation to the Declarações e Garantias dos Usuários (either by reports provided to it by other Usuários or any other means) by você or any other Usuário, or for any other reason. Without derogating from the above, the Empresa expressly disclaims, and você expressly release the Empresa from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or danos arising from and/or in any way related to: (i) any inaccuracy, untimeliness or incompleteness of a Usuário’s or Third Party’s representations; and (ii) misstatements and/or misrepresentations made, either in connection with or by any of the Third Parties or other Usuários, Produtos or otherwise. By using the Site and Serviços você understand and agree that the Serviços merely offer a platform designated to assist Usuários to reach, compra and/or use various products and services provided by third party vendors and/or services providers, through the ads or promotions run by us (respectively, the “Produtos” and the “Terceiros“, respectively).
Você entende e concorda that the Empresa: (a) does not employ, recommend or endorse any Terceiros or Produtos, as relevant, or any related party thereof, and has no control over the acts or omissions of any Third Party, their business, their products or services; (b) makes no representations or garantias about the Terceiros and Produtos, including their quality, pricing, compatibility, availability or any other features, or about seu interactions or dealings with any Third Parties; (c) makes no representations or garantias about the proprietary rights or other rights or features or regulatory aspects related to the Produtos, including any required authorization, permits or licenses for the upload, sharing or otherwise making available, and for the use, sale and compra of such Produtos; and (d) is not responsible for the performance or conduct of any Usuário or other third parties in any way using or having used the Serviços, and/or on or off the Site. The Empresa is not obligated to screen or otherwise to verify any information regarding Terceiros and/or Usuários, the Produtos or any other feature related to the Site or Serviços and therefore, você should exercise caution and perform seu own examinations and checks before engaging with anyone through the Serviços or Site or otherwise interacting with anyone.
The Empresa expressly disclaims, and você expressly release the Empresa from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or danos arising from and/or in any way related to the Terceiros, Produtos, Serviços and Site or seu interactions or dealings with any Terceiros, including without limitation any acts and/or omissions of Terceiros in any way using or connected to the Serviços or Site in any means. By using the Serviços or Site, você acknowledge that você are solely responsible for such use and the connections, interactions, compras or any other action você make and that all use of the Serviços or Site is at seu sole risk. For the avoidance of any doubt, the Empresa is not selling, licensing or otherwise making available to você any Produtos or services (other than the Serviços) and shall not have any liability for any Produtos or services comprad by você from any Third Party, including without limitations, with respect to any suporte e manutenção, inadimplementos, erros, falhas, danos or custos de qualquer natureza.
2. Restrições
Without derogating from the provisions of Section 1 thereof, você shall not, and shall not permit any third party, to: (a) realizar engenharia reversa or attempt to find the código subjacente of the Site or Serviços; (b) use the Site or Serviços in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any material ilegal ou ofensivo; (c) copy, modify, or create derivative works of the Site, Serviços or content of any of the Site or Serviços; (d) attempt to disable or circumvent any security or access control mechanism of the Site or Serviços; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other software de terceiros não autorizado to modify or interfere with the Site or Serviços; (f) use the Site or Serviços or engage with other Usuários for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain acesso não autorizado to the Site or Serviços, other Usuário Accounts, as defined below, or other device, computer system, phone systems, or networks connected to the Site or Serviços; and (h) harvest or otherwise collect information about Usuários without their consent.
If você post, publish, share or otherwise transfer through the Site and/or using the Serviços any content, você represent and warrant that such content provides an accurate and complete picture of any products or services described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; and (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
By posting, uploading, publishing, sharing or otherwise transferring any content using the Site or Serviços, você hereby irrevocably grant the Empresa and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such content in any reasonable form as shall be in the Empresa’s sole discretion. A Empresa reserva-se o direito to remove, suspend access to or permanently delete any content in accordance with its sole discretion sem aviso prévio, including without limitation any content that violates the garantias set forth above or the Empresa’s business interests, and você shall have no right or claim in respect of any such decisions and actions.
The Empresa is not, and shall not be, liable for any content provided, posted, uploaded, shared or otherwise made available by Usuários, any products or services related to such content provided, posted, uploaded, shared or otherwise made available by Usuários. Each Usuário using the Site or Serviços hereby represents to take full responsibility in respect thereof, and the Empresa shall bear no liability with respect to the foregoing.
3. Materiais Promocionais and Newsletters
In addition to the provisions of Section 3 above, the Usuário gives his consentimento expresso to the Empresa to provide the Usuário with promotional materials and newsletters (the “Materiais Promocionais and Newsletters“) by any means available, including via email, text and SMS messages, fax, post, automated dialing services or any other means, all in accordance with the Empresa’s sole discretion as shall be from time to time, and to receive such Materiais Promocionais e Newsletters.
The Usuário further acknowledges that the Materiais Promocionais e Newsletters may include the advertisement of third parties, and he expressly consents to the receipt of such advertisements as part of the Materiais Promocionais e Newsletters. The Usuário may contact the Empresa a qualquer momento by sending a request via email notifying the Empresa of his refusal to further receive the Materiais Promocionais and Newsletters.
4. Propriedade Intelectual
The Empresa is the owner of all worldwide rights, titles and interests in: (a) the Site and Serviços, enhancements, derivatives, bug fixes or improvements to the Site and Serviços; and (b) nomes comerciais, marcas registradas, and logos of the Empresa, and shall at all times remain solely with the Empresa. All references in these Terms or any other communications to the sale, resale or compra of the foregoing shall mean only the right to use the Site and Serviços pursuant to these Terms. Usuários bear sole liability for any and all content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Usuários using the Site and/or the Serviços, and the Empresa makes no representation with respect to any such content. The Empresa will not be liable for any losses or danos incurred by such content, and Usuários agree to indemnify and hold the Empresa harmless for any damage or loss arising from the above.
5. Privacidade
You undertake not to save, collect or otherwise maintain in seu possession and use any content provided by the Serviços and Site without the consentimento prévio por escrito of the Empresa. You further acknowledge that the Empresa reserves the right, in its sole discretion, to save, collect or otherwise maintain in its possession and use any content and public information, including information that may personally identify você or any other Usuário or Third Party or describe seu personal interests. A Empresa reserva-se o direito to make any and all permitted use under any applicable law of such content and public information as set forth in the Empresa Política de Privacidade. Without derogating from the provisions of Section 1 above, the Empresa does not review, test, confirm, approve or otherwise verify any such content or public information. Each Usuário posting, uploading, sharing or otherwise making available such content or public information shall bear the sole responsibility for the content or public information, including any and all third-party information and required consents. The Empresa will not be liable for any loss or damage incurred by not complying with the above, and você agree to indemnify and hold the Empresa harmless for any damage or loss arising from the above. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMAPNY IS NOT A CONTENT STORAGE SERVICE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOST OR ERASED CONTENT OR PUBLIC INFORMATION. YOU SHOULD BE AWARE THAT ANY Content postED, uploadED, sharED or otherwise made available MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED TO SEND UNSOLICITED CONTENT.
6. Links
The Site or Serviços may contain links or other content related to websites, advertisers, publishers or Produtos offered by third parties. The Empresa has no control and makes no representation with respect to the same or any information provided or transmitted via the same, or otherwise provided by any such third party. YOU UNDERSTAND AND AGREE THAT USE OF SUCH LINKS OR OTHER CONTENT IS AT YOUR OWN RISK, THAT SUCH LINKS OR OTHER CONTENT ARE GOVERNED BY SUCH THIRD PARTIES’ TERMS OF USE AND PRIVACY POLICIES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTIES. YOU should carefully review the applicable terms and policies that apply to any SUCH Third Party. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASES THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD PARTYIES, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR SERVICES.
7. Prohibited Uses
The Site and Serviços may not be used in connection with any atividades comerciais (unless otherwise permitted by the Empresa in connecting Usuários to any Terceiros) without the express written consent of the Empresa. The Site and Serviços may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Usuários for emprego, contratação, or any other purpose for a business not affiliated with the Empresa without express written permission from the Empresa. You agree not to use the Serviços and Site in order to contact, advertise, solicit, or sell to any other Usuário without their express consent, unless otherwise permitted under these Terms.
8. Suporte
Usuários may contact the Empresa with regard to support for the Site and Serviços by sending an email
9. Isenções de Responsabilidade
A Empresa envida esforços razoáveis to ensure that its technology keeps the Site and Serviços seguro e protegido. However, no technology is 100% seguro. Therefore, while we strive to use commercially acceptable means to protect seu informações pessoais, we cannot guarantee its segurança absoluta. Except as expressly set forth herein, seu use of the Site and Serviços is at seu sole discretion and risk. The Site and Serviços are provided on an “NO ESTADO EM QUE SE ENCONTRA” and “CONFORME DISPONÍVEL” basis without garantias of any kind. The Empresa expressly disclaims all implied or statutory garantias of any kind relating to the Site and Serviços, including without limitation the garantias of title, comercialização, adequação a uma finalidade específica, não violação of proprietary rights, course of dealing or course of performance. The Empresa does not give any advice regarding the risk or suitability of any trade, transaction or engagement. The Empresa assumes no responsibility for any transaction or engagement made by você and você acknowledge that você are solely responsible for the assessment of seu transactions and engagements. You shall not hold the Empresa, its officers, employees or affiliates liable for any transaction or engagement choices made by você. No advice or information, whether oral or written, obtained by você from the Empresa or its officers, employees or affiliates, shall create any warranty not expressly stated in these Terms. If você choose to rely on such information, você do so solely at seu own risk. Some states or jurisdictions do not allow the exclusion of certain garantias. Accordingly, some of the above exclusions may not apply to você.
10. Limitação de Responsabilidade
The Empresa does not guarantee the value, quality, compatibility or any other feature of the Terceiros, Produtos or any other information provided, consumed or otherwise made available (hereinafter in this Section: the “Features“). Any Feature is under the sole responsibility of the applicable Third Party or Usuário using it, as applicable, or using the Serviços or Site. The Empresa does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms. Você entende e concorda that você may be exposed to content or other information that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for você.
The Empresa is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Serviços or combination thereof, including any injury or damage to Usuários or to any person’s computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Site or Serviços. Under no circumstances shall the Empresa be responsible for the conduct of third parties, including any Usuários, whether online or offline, and operators of external sites.
In no event shall the Empresa or any of its officers, directors, employees, or agents be liable to você for any indirect, incidental, special, punitive, or consequential danos, arising out of or in connection with seu use of the Site or Serviços, whether or not the danos are foreseeable and whether or not the Empresa has been advised of the possibility of such danos. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11. Indenização
You will defend, indemnify and hold the Empresa harmless from and against any and all suits, proceedings, assertions, danos, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Empresa may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by você or any use by você of the Site or Serviços not in accordance with applicable law.
12. Disposições Gerais
These Terms shall be governed by the laws of England, exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any dispute arising under these Terms or concerning the Site or Serviço shall be finally settled by the tribunais competentes da Inglaterra. You may not advance any ações coletivas against the Empresa, and by using the Site or Serviços você agree to waive seu rights to advance any such class actions claims.
Any cause of action against the Empresa must be brought within um (1) ano of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an disposição exequível which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, emprego, joint venture, or partnership relationship between você and the Empresa or enables você to act on behalf of the Empresa. Except as may be expressly stated in these Terms, these Terms constitute the acordo integral between the Empresa and você pertaining to the subject matter hereof.
Any notices that we may be required to provide to você, whether under law or according to these Terms, may be provided by the Empresa to any informações de contato você have provided in seu Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.
You may not assign any rights hereunder without our consentimento prévio por escrito. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Empresa with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Empresa reserves the right to enforce such term a seu exclusivo critério. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
