Copyright and other Terms of Use
You understand that all files, images and photos (collectively,
"Content") uploaded to, posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from
whom such Content originated. More specifically, you are entirely
responsible for each individual item of Content you upload, post,
email or otherwise make available via the Service. You understand
that Casa das Histórias Paula Rego do not control, and are not
responsible for Content made available through the Service, and
that by using the Service, you may be exposed to Content that is
inaccurate, offensive, or objectionable. E-mails containing a link
to the Composite are not private messages and may be accessed,
viewed, or redistributed by others via the Internet without your
knowledge or permission. Composites will not be acknowledged or
returned.
By using the Service, you agree not to: i) transmit Content or
reproduce, duplicate, copy, sell, resell or exploit or otherwise
use the Service for commercial purposes, ii) publish
misrepresentations that could damage the Sponsor or any third
party, iii) submit materials that are unauthorized, unlawful,
obscene, defamatory, libelous, threatening, pornographic,
offensive, or which encourages conduct that would be considered a
criminal offense, give rise to intellectual property or other civil
liability, violate any law, or is otherwise inappropriate. Sponsor
reserves the right in its sole discretion to delete any such
Content you provide in violation of these TOU.
You agree that you will not submit Content or otherwise use the
Service in any manner that would interfere with or damage the
Service, including, without limitation, through the use of viruses,
cancel bots, trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or
technology.
You shall be solely responsible for the Content and the
consequences of posting or publishing it. In connection with the
Content, you represent and warrant that you own or have the
necessary licenses, rights, consents, and permissions to use and
authorize us to use all aspects of the Content, including without
limitation, all patent, trademark, trade secret, copyright,
privacy, publicity or other intellectual property or proprietary
rights, in and to any and all of the Content, and to allow this use
and distribution of the Content by the Service.
Specifically, you agree that you will not submit Content protected
by any third party intellectual property or other proprietary
rights, including rights of privacy and publicity, unless you are
the sole owner of such rights or have permission from their
rightful owner to post the material in the Content and to grant all
of the license and other rights granted herein. For example,
Content must not include: (a) trademarks owned by third parties,
including consumer brands or brand names; (b) copyrighted materials
owned by others (including written dialogue or clips from movies,
musical compositions, stock images, photographs); (c) names,
likenesses, or other indicia identifying celebrities and other
public figures, living or dead; (d) look-alikes of celebrities or
other public figures, living or dead, or (e) personally
identifiable information regarding a minor except as permitted by
law. You represent and warrant that you have the written consent,
release, and/or permission of each and every identifiable
individual person (or his/her parent or guardian, if a minor) in
the Content to allow the use of the name and/or likeness of such
identifiable individual person(s) and to enable the use and
distribution of the Content in any manner.
Non-Collection of Personal Information
In providing the Service, Sponsor will not collect any of your
personal information. This is subject to change if required by law
or in a good faith belief that such access, collection or
disclosure is reasonably necessary to: (i) comply with legal
process; (ii) respond to claims that any e-mail messages violate
the rights of third parties; (iii) protect the rights, property or
personal safety of Sponsors, the users of the Service and the
public. Under no circumstances will Sponsor (or any of its
respective affiliates, representatives, employees or agents) be
liable in any way for any Content you have provided in using the
Service, including, but not limited to any errors or omissions in
such Content, or any loss or damage of any kind incurred as a
result of the review and/or use of such Content.
Limitations on Service
You acknowledge that Sponsor may establish limits concerning use of
the Service, including the maximum number of days that Content
and/or Composite will be retained by the Service, the maximum
number and size of postings, email messages, or other Content
and/or Composites that may be transmitted.
Termination of Service
You agree that Sponsor, in its sole discretion, has the right, but
not the obligation, to block your email or IP address, or otherwise
terminate your access to or use of the Service (or any part
thereof), immediately and without notice, and remove and discard
any Content within the Service, for any reason, including, without
limitation, if Sponsor believes that you have acted inconsistently
with the letter or spirit of these TOU. Further, you agree that
Sponsor shall not be liable to you or any third-party for any
termination of your access to the Service, and you agree not to
attempt to use the Service after said termination.
Proprietary Rights
The Service is protected to the maximum extent permitted by
copyright laws and international treaties. The Composite displayed
on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation
of derivative works from or redistribution of the Service or the
collective work, meaning, the Composite, and/or copying or
reproducing the Service or any portion thereof to any other server
or location for further reproduction or redistribution is
prohibited without the express written consent of Sponsor.
Although Sponsor does not claim ownership of Content that users
upload, post, email or otherwise make available via the Service,
you automatically grant, and you represent and warrant that you
have the right to grant, to Sponsor an irrevocable, perpetual,
non-exclusive, fully paid, royalty-free, sublicenseable,
transferable, worldwide license to use, copy, perform, display, and
distribute the Content and to prepare derivative works of, or
incorporate into other works, the Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by uploading, posting, emailing or otherwise making
available via the Service, Content, you automatically grant Sponsor
all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.
Disclaimer of Warranties
YOU AGREE THAT USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, SPONSOR DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of
the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
General Information
These TOU constitute the entire agreement between you and Sponsor
and govern your use of the Service, superseding any prior
agreements between you and Sponsor. These TOU and the relationship
between you and Sponsor shall be governed by the laws of the State
of Georgia without regard to its conflict of law provisions. The
failure of Sponsor to exercise or enforce any right or provision of
these TOU shall not constitute a waiver of such right or provision.
If any provision of these TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these TOU
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or these TOU must
be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Governing Law/ Dispute Resolution
These TOUs shall at all times be governed by the laws of the State
of Georgia, USA. Should there be a dispute between you and Sponsor
relating in any way to these TOUs, you agree to make a good faith
effort to settle the dispute in an amicable manner. If you and the
Sponsor are unable to settle the dispute through direct discussions
after a reasonable period of time, you and Sponsor agree to attempt
to settle the dispute by submitting the matter to arbitration by
one arbitrator in accordance with the rules of Commercial
Arbitration of the American Arbitration Association.