1.1. By accessing and/or using this website (“Site”), including the contents and functionalities available here and in other domains used to operate the Site, the person who accesses and/or uses the Site (“User”) declares to have read and understood this Term of Use (“Term”), as well as fully and expressly agreeing with it and being bound to unrestrictedly comply with the conditions set forth herein, forming a contract between the User and Ad.Agency Publicidade e Marketing Ltda. (“Newbacon”).
1.2. The User declares to be able or legally represented to adhere and be bound by the conditions of this Term.
1.3. If the User does not agree with any provision of this Term (in whole or in part) or does not have the legal capacity to contract, in his own name, the User must immediately leave this Site, close the tab or window of the Internet browser he is using to access it, and refrain from accessing or ceasing to use the Site in any way.
1.4. The User acknowledges and agrees that all notices, usage regulations and instructions presented on the Site are part of this Term, as if they were transcribed therein.
1.5. Newbacon may modify this Term at any time, and the User, when accessing and/or using the Site, will express his consent and full agreement to comply with such modifications or revisions. The User must periodically reread the current version of this instrument (available at the URL http://www.newbacon.com/), regardless that Newbacon will always seek to keep the User informed of important changes made to this Term.
1.6. This Term will come into force on the date of the first access and/or use of the Site by the User and will remain in force for the entire period in which their account is available and usable by the User, subject to the provisions of this Term.
2. Use of the Site
2.1. Newbacon grants personal, non-exclusive and non-transferable permission to the User to access and use the Site lawfully, having access to the entire collection of images, illustrations, audios, audiovisuals, lectures, debates, texts, graphics, projects, computer programs, databases and other materials available on the Site (“Content”). In return, the User undertakes not to:
a) reproduce or copy, transmit, exploit or distribute the Site Contents, in whole or in part, for any purpose (including text, images and other materials), without the prior written authorization of Newbacon;
b) alter or modify any part of the Site or any of the Contents;
c) access the Contents through any technology or means other than the Site itself or another explicitly authorized means that Newbacon may indicate;
d) carry out or participate in any activity that interferes or interrupts the operation of the Site or the equipment, computer programs and/or services to which the Site is connected;
e) upload, transmit, disseminate, display, send or in any way make available any type of message, advertisement, advertisement or promotional material not previously authorized by Newbacon, in writing, or unsolicited messages (known as "junk mail" or "spam"), chain letters, pyramid schemes or otherwise;
f) use any automated system, including but not limited to "robots", "spiders" or "offline readers", that access the Site in a manner that sends more access or use requests in a given period of time than is humanly possible to respond in the same period. User agrees not to collect any Content or personally identifiable information, including account names, from the Site;
g) use the Site for any purpose other than private and informative access to the Site, nor approach another user of the Site for any commercial purpose;
h) share links to the Site on other websites, without Newbacon's prior written authorization;
i) decode, decompile or reverse engineer to obtain source codes, information and/or other characteristics of the Site and/or the Contents;
j) comply with this Term and all applicable laws and regulations, whether regional, national or international, committing to not practice any act that may expose third parties in a pejorative manner, create and/or share illegal or defamatory content, obscene, pornographic, immoral, political, partisan or commercial, which may violate the morals, ethics, good customs or rights of Newbacon or third parties, under penalty of bearing the penalties applicable by current legislation.
2.2. Newbacon reserves the right to suspend, cancel or discontinue any Content, functionality or access to the Site at any time, without prior notice to anyone.
2.3. All links to external websites that are mentioned on the Site do not represent, under any circumstances, any type of endorsement of these external websites and/or their content by Newbacon, being the sole responsibility of the entity that originally made them available. Any access and/or use of these external websites by the User will be done at his/her own risk. Newbacon is also not responsible if the Site address is available on other websites.
2.4. In addition to the general restrictions set out above, the following restrictions and conditions apply specifically to the use of Site Content:
a) The Site Contents and the brands contained therein are the exclusive property of Newbacon, suppliers, partners or its clients, as the case may be, and are subject to the rules of protection of intellectual property and business secrecy, regardless of any registration in Brazil or abroad;
b) the Site Contents are made available in the state in which they are ('as is') only for the information and personal use of the User, without any type of guarantee, being forbidden any copy, commercialization, licensing, distribution or any other form of exploitation for whatever purpose, without the prior written consent of Newbacon, which reserves all rights to the Site and its Content;
c) the User agrees not to violate, disable or in any way interfere with features related to security (including analyzing or testing the vulnerability of any of the technical systems or networks of the Site) and/or functioning of the Site or features that prevent or restrict its use or any act that imposes limitations on the use of the Site or its Content;
d) the User will respect intellectual property rights, business secrets or any other rights of third parties available on the Site;
e) the User acknowledges that Newbacon may establish, at its sole discretion, general practices and limits relating to the use of the Site, which must be respected by the User, under penalty of administrative and judicial penalties.
2.5. The User acknowledges that the content of the Site will be searched by external tools with the sole purpose of creating and presenting the public with the searched keywords, on the website. Newbacon reserves the right to revoke permissions to external search engines, in general and in specific cases.
2.6. If Newbacon makes Contents available on the Site with the option of downloading or printing, such Contents may be used solely by the User, on a non-exclusive, non-transferable basis, only for their reference and without any commercial connotation, being prohibited any reproduction, distribution, transmission, display, license or otherwise transfer, use or exploit, in whole or in part, such Content without the prior written consent of Newbacon.
3.1. The Site may capture data relating to your Internet browser, as well as access to and use of the Site. This personal information and eventual captured data will be used to improve and maintain the Site and its Contents, as well as to verify compliance with this Term.
3.2. The User authorizes Newbacon to use his personal information and navigation on the Site in cases of request or order by the competent authority.
4. Restricted Area
4.1. If the User has authorization from Newbacon to access the restricted area of the Site, the User must use the access credentials previously provided by Newbacon. Access credentials, including login and password, are personal and non-transferable.
4.2. The access credentials to the restricted area are created by Newbacon, based on the personal information provided by the User. It is the User's responsibility to keep personal information up to date with Newbacon's database, as well as its veracity.
4.3. The User is solely responsible for the activity that occurs on his account and must keep his access credentials in a safe place, with the User being solely responsible for their confidentiality. The User must immediately notify Newbacon of any possible breach of security or unauthorized use of his account, being responsible for the acts carried out through it, until its correct communication to Newbacon.
4.4. By accessing his account in the restricted area of the Site, the User agrees that certain information regarding his account and its use is automatically recorded, mainly information arising from account activity, data displayed or clicked and other registration information (including type of browser, IP address, date and time of access, cookie ID and referral URL).
4.5. The User expressly acknowledges and authorizes Newbacon (and third parties, who may have access for purposes of development or support of the Site) to use their information and data for purposes of maintenance of the Site, including in this case data backup hypotheses, replication of content, creation of security systems and/or in cases of request by the competent authority based on a court order, administrative order or extrajudicial investigation.
4.6. The User agrees that Newbacon, at its sole discretion, may cancel or suspend its account or part of the functionalities related to it, without prior notice:
a) by discontinuing or modifying the restricted area of the Site (or any part thereof);
b) fortuitous event or force majeure;
c) for security reasons;
d) pursuant to a court order or legal request from the competent authority;
e) if the User fails to comply or acts in a way that clearly shows that he does not intend or cannot comply with any condition of this Term and/or current legislation; and
f) if the User terminates his relationship with Newbacon or he wants to delete his account, he must notify Newbacon in advance, at any time.
4.7. The User's readmission decision will represent a mere act of liberality by Newbacon, not representing, under any circumstances, any change to the provisions of this Term. Likewise, the User's readmission will not represent Newbacon's agreement with the action or omission that resulted in the User's dismissal, remaining to the User all obligations regarding access to the restricted area of the Site and provided for in this Term.
5. Notification of Violation of Rights
5.1. In case of violation of any of the items of this Term or if the User suspects a violation of rights or inappropriate content, such as, but not limited to, copyright infringement, obscene material, apology to hate, shocking and disgusting images, dangerous and illegal acts or defamatory material, the User must immediately notify Newbacon for analysis and possible removal of the allegedly irregular content. For this purpose, the User or a duly identified third party must send a written communication, containing at least the following data:
a) information on the content in question and the complete URL of its playback page;
b) declaration informing what was the existing violation in the content pointed out by the User and explaining the reason for the violation; and
c) identification of the details and characteristics of the work whose rights are being violated or are owned by the User or a third party (if this information is available on the Internet, it is recommended that the access link to it be sent together).
5.2. It is necessary to identify the User containing personal data and his contact, as well as to sign the notification (digital or digitized authentication being accepted).
5.3. Any person who intentionally makes a false or incorrect statement about content will be subject to the sanctions provided for in the applicable legislation, as well as having their access to the Site suspended or discontinued.
6. Limitation of Liability
6.1. The User agrees that the use of the Site will be done exclusively at his/her own risk, and Newbacon, as well as its partners, professionals and representatives will not have any responsibility before the User, related to the use (and its consequences) of the Site and/ or the Content, including any indemnity or other liability, present or future, to the User or any third party.
6.2. Newbacon does not guarantee the availability, continuity, or infallibility of the Site and/or its Contents. The Site and its Content are made available for information purposes, not presenting any guarantee, implicit or explicit, of accuracy, sufficiency, and completeness. Furthermore, the User is aware that when using the Site, he/she may be exposed to content that is inaccurate or offensive, despite all efforts by Newbacon to the contrary.
6.3. Newbacon does not provide any express, implied or any other warranty, and will not be responsible for the usefulness and suitability of the Site for any specific purpose or need of the User or third parties.
6.4. The User declares and acknowledges that Newbacon, its partners, professionals and representatives will not be liable for any direct, indirect, incidental, special, punitive or unforeseen damages resulting from any (i) errors, misunderstandings or inaccuracy of content, (ii) damages personal or material, of any nature, resulting from the User's access to the Site, (iii) any access or use of our secure servers and/or any and all personal and/or financial information stored there that has not been authorized, (iv) any interruption or cessation of data transmission to and from the Site, (v) any bugs, viruses, malware, worms, trojan horses or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or any loss or damage of any nature suffered as a result of the use of any content or email sent, transmitted or otherwise made available through of the Site, whether by liability, contract or any other legal hypothesis, and regardless of whether the company has been advised of the possibility of such damages. The limitations of liability in this clause will apply to the fullest extent permitted by law in the competent jurisdiction.
6.5. Without limiting the generality of the foregoing, the User declares to be aware and agrees that (a) Newbacon does not control and will not have any responsibility for the use of any websites whose links may be posted on the Site, such use being at its own risk; and (b) neither Newbacon nor the Site shall be liable for defamatory, offensive or unlawful material or conduct of any third party using the Site and/or the Content.
6.6. The User agrees to defend, indemnify, and hold Newbacon, its partners, professionals and third parties harmless from any and all lawsuits or administrative proceedings, with the aim of obtaining compensation for losses and/or damages, or the fulfillment of obligations (including, but (not limited to attorney fees) arising from:
(a) misuse of or access to the Site and/or the Content;
(b) violation of any provision of this Agreement;
(c) violation of any third party right, including but not limited to intellectual property, publicity, or privacy rights; or
(d) any claim that any act by the User has caused harm to a third party. This obligation will survive these Terms and the use of the Site.
7.1. Communications to Newbacon referred to in this Term or relating to the Site must be addressed to the 'Contact' section available on the Site.
7.2. This Term and any rights and licenses granted hereunder cannot be transferred or assigned by the User, but may be transferred or revoked by Newbacon, without any restriction, except for the information and data referred to in the chapter entitled “Privacy”.
7.3. Newbacon's names, slogans, domain names and/or brands may not be used by the User, except when expressly authorized in writing by Newbacon, and no alteration, insertion or modification may be made to these Newbacon identifiers. 7.4. If any clause of this Term is considered invalid or ineffective by the competent authority, the invalidity or ineffectiveness of such clause will not affect the validity or effectiveness of the remaining clauses, which will remain fully valid and producing full effects.
7.5. Any waiver of the rights arising from this Agreement will not be considered novation, additional or continuous waiver of this or any other right, and Newbacon's failure to enforce any right or provision of this Agreement will not constitute a waiver or novation of such right or clause.
7.6. This Term and the existing relations between the User and Newbacon will be governed by the laws of the Federative Republic of Brazil, without regard to any provision on conflict of laws.
7.7. The User agrees that: (i) the headquarters of the Site will be considered exclusively that of Newbacon, located in the city of São Paulo - SP, Brazil; and (ii) the User agrees that the Judicial District of São Paulo – SP, Brazil is elected to resolve any doubts or questions arising from this Term, waiving any other, however privileged it may be.