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CONTRACT, TERMS AND CONDITIONS OF USE OF E-LIFE/BUZZMONITOR
E-LIFE MONITOR ESTUDOS DE MERCADO LTDA, a private-law entity, established at Rua Pamplona, 518 4th floor, Bairro Jardim Paulista in São Paulo-Capital, CEP 01.405-000, enrolled with CNPJ/MF under no.06.301. 219/0001-07, hereinafter simply referred to as E-LIFE.
BUZZMONITOR, software developed by E-LIFE MONITOR ESTUDOS DE MERCADO LTDA, under the model of access platform "online", with the function of monitoring social media.
The Company E-LIFE MONITOR ESTUDOS DE MERCADO LTDA is the owner of all rights to the BUZZMONITOR software.
1 – Object
The purpose of this agreement, terms and conditions of use of BUZZMONITOR is the regulation of the license to use and provide service by E-LIFE and standardization of the use of the software by the user in accordance with current standards of conduct and legal precepts.
2 – The use of the service
2.1 The Employer/User in possession of his/her access username and password is duly authorized and with access to BUZZMONITOR, and may monitor the terms defined in the social networks, generate and export reports, receive alerts on influential consumers, classify the (by feeling, public, nature of the commentary and product), interacting with the consumer, and maintaining a history of consumer interactions (personalization of service), as well as making correlations and comparisons between Facebook fan pages, YouTube and Twitter "profiles"
2.2 The User is expressly prohibited from using the BUZZMONITOR service for any unlawful purpose such as described in clause 3.4 and 3.9, and any that violate the precepts of morals and good customs.
2.3 The User shall be solely and exclusively responsible for his use of the Services, and the use of these for illicit purposes shall not affect any liability for E-LIFE/BUZZMONITOR.
2.4 E-LIFE/BUZZMONITOR, with the purpose of preserving the quality and functionality of the Services, reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Service, as well as the conditions now required for its use, and the User is entitled to request the cancellation of his/her Register; in view of the high volatility of the Internet and the fact that E-LIFE/BUZZMONITOR does not control it, the availability and continuity of the operation of the Service are not guaranteed by E-LIFE/BUZZMONITOR, which is exempt from all any liability related to any damages and losses of any nature that may be caused by the unavailability or lack of continuity of the Service, whether for technical reasons or for lack of interest of E-LIFE/BUZZMONITOR in the maintenance of the Service.
3 - User Obligations
3.1 The User is responsible for the confidentiality, safekeeping and maintenance of his/her access password and his/her username, in the event of loss, theft, loss, misuse, suspicion of invasion of digital systems or crimes, User shall immediately Notify E-LIFE/BUZZMONITOR.
3.2 E-LIFE/BUZZMONITOR shall not be liable if the Contractor/User, uses inappropriate words and terms, small or coarse words, illegal or pornographic content; religious or political connotation; incitement to violence; violation of third party rights; the practice of an act or conduct that violates any laws or regulations in force in the Country, or the practice of an act or conduct that violates this contract and its respective established standards. In case of improper use, E-LIFE/BUZZMONITOR reserves the right to cancel the continuity of the use of the Service by the User.
3.3 The execution and submission of the Cadastre, constitutes the integral acceptance and expressed by the User in the entirety of the terms of this contractual agreement, beginning at the moment of the contracting of the service by the User. Furthermore, the Employer/User authorizes the sending of e-mails by E-LIFE/BUZZMONITOR, with content pertinent to the service provided.
3.4 The User acknowledges that he/she is solely responsible for the use of the service, which is provided exclusively in accordance with this Agreement in full in its terms hereunder. The User acknowledges that third parties have used BUZZMONITOR, and may download the content and make use of said material for any purpose that may not be authorized by this Agreement, and E-LIFE/BUZZMONITOR shall not be liable in this regard.
3.5 It is also the duty of the User to use the Service with due caution in order not to cause acts that are harmful to the rights and interests of third parties, or that may damage or overload the Service and computer equipment of other Users or prevent the normal use or enjoyment of said Service.
3.6 The User undertakes not to use the Service for the purpose of storing, distributing, transmitting, disseminating or making available to third parties, any class of content and, in general, any class of material which by itself or whose transmission contravenes , undermine or infringe fundamental rights and public and individual freedoms constitutionally recognized in international treaties and in the legal system in general.
3.7 In this understanding, any act or action that may induce, incite or promote acts that are criminal, defamatory, infamous, violent or, in general, contrary to law, morality and accepted customs or public order, is expressly prohibited; induce, incite or promote discriminatory acts, attitudes or ideas, whether on the basis of sex, race, religion, beliefs, age, social status or otherwise; incorporate messages that are criminal, violent, degrading or, in general, contrary to law, morals and accepted customs or public order; induce or induce an unacceptable state of anxiety or fear or constitute a threat or blackmail to others; induce or incite to engage in dangerous, risk or harmful practices and psychic balance; are false, ambiguous, inaccurate, exaggerated or extemporaneous in a way that may mislead its object or the intentions or purposes of the communicator; are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from its holders the necessary authorization to carry out the use that it makes or intends to make; violate the business secrets of others; are contrary to law, honor, personal and family intimacy or the very image of people; infringe the rules on secrecy of communications; constitute, where appropriate, unlawful, misleading or disloyal advertising and, in general, constitute unfair competition; due to their characteristics (such as format, extension, etc.), difficulties in the normal operation of the Service; contributes, facilitates or encourages, in any way, the practice of any form of infringement of the intellectual property rights of any content made available on the Internet. Furthermore, the use of the User for purposes of "remote loading", "mirroring" or as an entry or signaling of another "Home Page" is prohibited, providing executable programs or emulators to "download" through the Home Page, alteration or rename extension files to be sent to the E-LIFE/BUZZMONITOR directory, exposing "hyperlinks" to content not allowed; obtaining personal identifying information for illegal use or purposes; disclose material or links from any lottery, contest, or game that requires payment of a similar participation fee or system. And sending any kind of spam or electronic mail in quantity.
3.8 In the event of a breach of contract with respect to illegal material, E-LIFE/BUZZMONITOR shall be responsible for notifying the competent authorities of the existence of such facts, providing, without the prior consent of the User, the necessary materials.
3.9 E-LIFE/BUZZMONITOR uses the Internet services in such a way that it does not have any control or guarantee about it and the available information, and can not guarantee any form of result as to its veracity, correlation, suitability for specific purpose source or source. Thus, it is exempt from any responsibility regarding the content of the information obtained by the User as a result of the use of the services, as well as for damages caused by such content or as a result of the User's use.
3.10 This agreement provides an Administrator User with a license and a respective account, and this Administrator is able to provide access to other Users. The Administrator User has full responsibility for the use and acts of the other Users registered by him. The license hereby warranted does not allow the User, or any third party to copy, modify, create derivative works, reverse engineer or disassemble the Software or any act to discover its source code, as well as sell, consign, sublicense, grant warranty or otherwise transfer any right with respect to such applications. In addition to the above license, BUZZMONITOR does not grant any other form of permission to use any class over its intellectual property rights or any other property or right, whether or not related to the Service.
4 - Exclusion clauses
4.1 The user is responsible for the veracity, origin, validity and/or authenticity of the information disclosed or made available by Users to other users about themselves, as well as damages and losses of any nature that may be due to the simulation of the personality of a third party performed by a User in any class of communication through the service, and E-LIFE/BUZZMONITOR is hereby exempted from any liability in this regard.
4.2 E-LIFE shall be exempt from any liability, direct or indirect, for damages and losses of any kind that may be caused by the use of the service, the content made available and the messages and communications that may be transmitted through BUZZMONITOR. Furthermore, E-LIFE/BUZZMONITOR is free from damages and losses of any kind that may be caused by access, interception, deletion, alteration, modification or manipulation by unauthorized third parties of files and communications stored, transmitted or made available to third parties through the service.
4.3 E-LIFE/BUZZMONITOR will not monitor the Users or the communications made during the use of the Service. The User acknowledges and agrees that E-LIFE/BUZZMONITOR does not endorse the content of any User communications, the content disclosed by them and any other content of users of the Services. Also, as provided above, E-LIFE/BUZZMONITOR is not responsible for any illegal material, in accordance with the contractual clauses agreed and the legal regulations in force.
4.4 E-LIFE/BUZZMONITOR does not guarantee the security and privacy of Users during the use of the Service, and even if unauthorized third parties will not access and eventually intercept and manipulate the content made available through the Service or communications of any kind that Users transmit or make available through the Service.
5 - Of the contractual infractions and the respective legal sanctions
5.1 Subject to the occurrence on your server of material that violates the rights of third parties to E-LIFE/BUZZMONITOR, it is reserved the right to cancel it, at any time and without prior notice.
5.2 In the event of complaints arising from the User's use or resulting in expenses, including any legal fees, the User agrees to indemnify the other parties involved.
5.3 Without limitation, the indemnity in question includes liability of the User for any violations or infractions resulting from the violation of copyright, intellectual property or trademarks, the responsibility of the User for any and all obligations arising from illegal material made available by the User, other conduct that results in noncompliance with what is established in this contract agreed in its due terms of conduct, use and responsibility.
5.4 In the event that a User or a third party verifies the existence of facts or circumstances that may constitute an improper use of the Service, either for non-compliance with this Agreement or for non-compliance with the law, E-LIFE/BUZZMONITOR requires that a notification be sent containing all data pertinent to the illegal activity and in breach of contract. Any news related to the infringement of intellectual property will be evaluated by E-LIFE promptly, and measures deemed appropriate under the applicable legislation shall be taken.
6 - Finish Terms
6.1 Failure by E-LIFE/BUZZMONITOR to disclose any clause, condition or obligations hereunder shall be considered as a mere tolerance, not implying in novation the terms of this instrument, nor in the resignation of E-LIFE/BUZZMONITOR to demand compliance with the obligation of the User, who may do so at any time, under the penalties established herein or in the form of existing positive legislation.
6.2 If any provision of this Agreement is found to be unlawful, void or unenforceable for any reason, it shall be deemed to be an independent clause of the remaining part of this agreed instrument and shall not affect the validity or enforceability of the terms of the remainder of this Agreement instrument; this agreement, including all notices, instructions, rules or policies published on the Site or sent to the User's e-mail, constitutes the entire agreement between the User and E-LIFE/BUZZMONITOR on the use of the Services, making its effectiveness immediate.
6.3 The option to contract the user license, the respective amounts to be paid, time of use, and the form and term of payment, will be those described in the offer of values contained in the Site, according to each plan/package contracted by the User, or that will be negotiated directly with the sales team, through the signature of a document, and agreed between E-LIFE/BUZZMONITOR and the User.
6.4 The Forum of the District of São Paulo, São Paulo State, is hereby elected, which shall be competent to resolve the issues arising from the execution of the contract, to the exclusion of any other, however privileged it may be.