1. OBJECT
1.1. Through the Portal, TERRA provides access to and use of KAZIVU
(hereinafter, the "Services"). TERRA reserves the right to unilaterally modify,
at any time and without prior warning, the presentation and configuration of the
Services, as well as the conditions to be met when using the Services, in
particular to charge for all or part of the elements that integrate the Services.
1.2. Through the Service, the SUBSCRIBERS can create links to videos of other
sites available in the Internet in one of the following categories: Animals,
Cars and Motorcycles, Sports, Instants, Games, Humor, News, People, Technology
and Tourism. The Subscribers can access the Service starting from URL
http://kazivu.com (from now on, the "Dashboard").
1.3. After the effective creation of the registration, TERRA will make
available to the Subscriber the following resources: (a) an administration page
(a.k.a Dashboard) where the SUBSCRIBER can (i) install the browser plug-in to
look for videos and to customize the channel, (ii) create/establish links to
videos of other sites avalbale in the Internet, (iii) attribute an title,
description and tags to the videos, (iv) visualize the updating done by the
channels and "follower" users, (v) update its profile.
1.4. The Service is available in the following modalities:
Free Service
Amount of registration in the product for a username: 1
Inclusion of 100 favorite videos
The product also has
1.5. TERRA can, at its sole discretion, impose a limitation in the published
videos as well as can exclude videos; in the case the amount of the same ones
crosses the capacity of the server, by previous communication to the Subscribers.
1.6. The SUBSCRIBER expressly authorizes TERRA the commercially use and
commercially explore of the videos: a) in the Internet and through it, at TERRA
portal or third party; b) in television, open and paid, regardless of the
technology c) in electronic panels installed at bars, night houses, parties,
shows, streets, elevators, shopping centers, airports etc., d) cellular
technology and other technologies of wireless platform (technologies that use,
among others, radio frequency in any band to make possible or to facilitate the
transmission of contents - data, voice, video, text and/or multimedia services -
for cellular, PALM's, Handhelds, among other through any wireless transmission
technology, and the wireless transmission technology can include the User's
possibility to make the permanent transfer of files for his/her cellular) and/or
among others. The authorization foreseen in this clause is given for free.
1.7. In the modalities destined to the Subscribers of Free Services and
Subscribers of Access, being the users' registrations for 90 (ninety) days
without use, TERRA can exclude the content of the same ones and respective URL
regarding the user.
1.8. The Service is offered by TERRA in different capacities and according to
the following modalities: (i) Subscriber of Free Service: Users of the Internet
that make the registration in the Service can use it with no charge, in
accordance with the capacities and available characteristics.
1.9. For the use of the Service, it is necessary that the Subscriber has a
navigator Netscape 6.x, MSIE 5.5 or superior.
2. SUBSCRIBER REGISTRATION AND CORRELATE OBLIGATIONS
2.1. When making the registration in the service the SUBSCRIBER can choose a
username and a password that will be its identification in TERRA and to the
Internet community for the use of this Service.
2.2. The SUBSCRIBER cannot choose as username words, expressions or groups
graph-denominatives that have already been chosen previously for other
SUBSCRIBER or, in another way, are injurious, coincident with brands, trade
names, labels of establishments, corporate names of companies, advertising
expressions, names and pseudonyms of public relevance, famous or registered by
third party, whose use is not authorized and, in general, contrary to the law or
to the demands of the morals and good habits usually accepted.
2.3. The SUBSCRIBER commits to communicate to TERRA the misleading, loss or
robbery of the access codes immediately after the knowledge of the fact.
2.4. UNTIL THE MOMENT IN THAT INDEED TO COMMUNICATE TERRA, THE SUBSCRIBER
WILL ANSWER FOR THE EXPENSES OR CURRENT DAMAGES OF THE EVENTUAL USE OF THE
ACCESS CODES FOR THIRD PARTY. TERRA WON'T TAKE THE RESPONSIBILITY FOR ANY
CURRENT DAMAGES OF SUCH FACTS WHILE IT IS NOT INFORMED FOR THE SUBSCRIBER ON THE
MISLEADING, LOSS OR ROBBERY OF THE ACCESS CODES.
3. OBLIGATIONS OF THE SUBSCRIBER
Below are the SUBSCRIBER obligations, among other foreseen in these General
Conditions:
3.1. The SUBSCRIBER should maintain the necessary equipments to the Internet
access in good conditions, taking all the necessary measures of safety to the
protection of their equipments, systems and files against the improper use and
invasions of non authorized internet users.
.
3.2. In particular and merely indicative and no exhausting, the SUBSCRIBER
commits to not to use the Service with the purpose of storing, to distribute, to
transmit, to diffuse, to make available to third party videos that include any
content, messages, graphs, drawings, sound files and/or image, pictures,
recordings, software and, in general, any material or transmission for: (a) to
urge, to threaten, to offend, to affect the image, to invade the privacy or to
harm other members of the Internet community; (b) to try to obtain illegal
access to TERRA databases or third parties; (c) to alter and/or to copy files or
to obtain passwords and data of third parties without previous authorization;
(d) to send collective messages of e-mail (spam) to user groups of this or of
other ISPs, offering products or services of any nature, owned or of somebody
else, that are not of interest of the addressees or don't have their express
consent; (e) to insert videos with illicit content (f) to besiege the other
users of the Service posting comments in the videos or sending emails and, (g)
to disrespect the law, the morals, the good habits, the copyright norms and/or
industrial property, the rights to the honor, to the private life, to the image,
to the personal and family intimacy. Finally, the SUBSCRIBER commits to observe
the ethical and moral patterns effective in the Internet and the national laws
and international applicable to the species.
3.3. The SUBSCRIBER cannot use the service to spread either to maintain
portal or site(s) in the Internet with contents that (a) violate the law, the
morals, the good habits, the intellectual property, the rights to the honor, to
the private life, to the image, to the personal and family intimacy; (b)
stimulate the practice of illicit conducts or contrary to the morals and to the
good habits; (c) incite the practice of discriminatory actions, in sex reason,
race, religion, faiths, age or any other condition; (d) make available or
facilitate the access to messages, products or illegal services, violent,
pornographic, degrading; (e) induce or can induce to an unacceptable state of
anxiety or fear; (f) induce or incite dangerous practices, of risk or noxious
for the health and for the psychic balance; (g) are false, ambiguous, inexact,
exaggerating or extemporaneous, so that can induce to a misunderstanding of its
Object or the intentions or the purposes of the consumers; (h) violate the
confidentiality of the communications; (i) constitute illicit publicity,
deceiving or disloyal, in general, that configure unfair competition; (j)
transmit, incite or stimulate pedophilia (k) incorporate virus, spam or other
elements physical or electronic that can damage or to impede the normal
operation of the net, of the system or of the equipments (hardware and software)
of third parties or can damage the electronic documents and files stored in
these equipments.
3.4. To observe the dispositions contained in these General Conditions, under
penalty of TERRA, at its sole discretion, when detecting conduct and/or method
contrary to the same ones, to choose for terminating the contract, to interrupt
the services temporarily and/or to notify the SUBSCRIBER to fix, correct or
regularize the situation.
3.5. The SUBSCRIBER assumes all of the obligations and current
responsibilities of their actions and conducts as user of the Internet and
SUBSCRIBER of TERRA, answering, still, for the actions that third parties
practice in their name, through the use of their username and password. The
SUBSCRIBER COMMITS to COMPENSATE TERRA for any costs, damages and current
damages of actions or omissions that violate the dispositions contained in the
law, in the present instrument and in the General Conditions and Legal Warning
of the TERRA Portal, which are available in the main page of the TERRA Portal.
3.6. The SUBSCRIBER is responsible for the guard of the username and
password, should be protected against loss or improper popularization, answering
for the damages caused by bad use, as well as of the service now contracted.
3.7. The parents or legal representatives of the under legal age's will
answer for the actions for him practiced in the use of the services Object of
this Contract, among which eventual damages caused to third parties, practices
of prohibited actions for the law and for the dispositions of this Contract.
3.8. The username and password are private of the SUBSCRIBER, being him
responsible for itself and for third parties in the use, assuming an obligation
to honor all of the financial commitments and/or legal for such utilization.
3.9. The SUBSCRIBER commits to supply true information, correct, current and
complete about him, in the moment of registration.
4. USE OF THE SERVICE IN ACCORDANCE WITH THE TERRA ANTI-SPAMMING RULES
4.1. The SUBSCRIBER assumes an obligation to do use of the service in
accordance with the TERRA Anti-Spamming rules, in particular, to merely
indicative, to abstain of (i) send publicity or official reports of any class
with purpose of sales, or another commercial nature, to a plurality of people,
without request or the consent; (ii) send chains of electronic messages no
previously consent nor authorized for the receivers, (iii) use the result of
searches, the one that one can have access through the service, with purpose of
sales, or another commercial nature, to a plurality of people, without request
or the consent (iv) to make available to third parties, with any purpose, data
captured from distribution lists.
4.2. TERRA considers spam the sending of e-mails in mass starting from a same
IP.
4.3. TERRA can establish daily limits of sending e-mails/comments and in case
they are reached they can block the ones that have exceeded the limit.
4.4. It is prohibited to the Subscriber to send spam in the comments of the
"VIDEOS".
4.5. The Subscriber or Internet Subscribers prejudiced for the reception of
messages no requested sent to a plurality of people can send complaint to TERRA
through the electronic mail abuse@terra.com.br.
5. OBLIGATIONS OF TERRA
5.1. TERRA assumes an obligation to make available the contracted service for
the SUBSCRIBER, in the terms of these General Conditions, being able to,
eventually, the use of the Service to suffer interruptions due to: (the)
casualties or force-majeure; (b) actions of third party that impede the offering
of the services; (c) lack of electric power supply for the system of TERRA; (d)
interruption or suspension for the dealership of the telephony services; (and)
maintenances technical and/or operational that demand the temporary shutdown of
the system or disable the offering of the service.
5.2. TERRA IS NOT RESPONSIBLE FOR ANY DAMAGES AND OR CURRENT DAMAGES OF
INTERRUPTIONS RELATED TO THE EVENTS FORESEEN IN THE ITEM ABOVE, OR OF THOSE IN
THAT TERRA HAS NOT COMPETED EXCLUSIVELY FOR THE ACCOMPLISHMENT OF THE DAMAGE.
5.3. TERRA will endeavor the best efforts to assure and to develop the
quality of the service contracted, committing, still, to respect the privacy of
the SUBSCRIBER, guaranteeing that it won't monitor or it will publish relative
information of its use, maintaining confidentiality on all of the registered
information for him supplied, also its password, that will only be published to
third parties in reason of judicial request or in the personal interest of the
SUBSCRIBER, in that case will be necessary a formal approval, excepted the
hypotheses foreseen in these General Conditions.
6. PERSONAL DATA
In order to use some of the Services, the Users must provide certain data of a
private and personal nature (hereinafter, the "Personal Data"). TERRA will
process the Personal Data by automated means for the purposes set forth in the
conditions defined in its Data Protection Policy published in the URL
http://www.terra.com/info-en/privacidad.htm
7. USE OF THE PORTAL, OF THE SERVICES AND THE CONTENTS ARE THE EXCLUSIVE
RESPONSIBILITY OF THE USER
The User acknowledges and voluntarily accepts that the use of the Portal, of the
Services and the Contents shall be, in any event, their sole and exclusive
responsibility.
8. EXCLUSION OF GUARANTEES AND LIABILITY
8.1. Exclusion of guarantees and liability for the operation of the Portal
and the Services
8.2. Availability, continuity, usefulness and fallibility
TERRA does not guarantee the availability and continuity of the operation of the
Portal and the Services. When reasonably possible, TERRA will issue prior
warning as to an interruption to the operation of the Portal and the Services.
TERRA does not guarantee the usefulness of the Portal or the Services in
relation to any specific activity, or its infallibility and, in particular,
although not exclusively, that the Users may effectively use the Portal and the
Services, access the various web pages making up the Portal or those from which
the Services are provided. TERRA IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND
LOSSES OF ANY NATURE THAT MAY BE CAUSED DUE TO THE LACK OF AVAILABILITY OR
CONTINUITY OF OPERATION OF THE PORTAL AND THE SERVICES, THE LACK OF USEFULNESS
THAT THE USERS MAY HAVE ATTRIBUTED TO THE PORTAL OR THE SERVICES AND THE FAULTS
TO THE SERVICE, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAULTS IN THE
ACCESS OF THE VARIOUS WEB PAGES COMPRISING THE PORTAL OR THOSE FROM WHICH THE
SERVICES ARE PROVIDED.
8.3. Privacy and security in the use of the Portal and the Services
TERRA does not guarantee privacy and security when using the Portal or the
Services and, in particular, does not guarantee that unauthorised third parties
cannot obtain knowledge of the type, conditions, characteristics and
circumstances of use made by the Users of the Portal and the Services. TERRA IS
FREE FROM ALL LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE DERIVING FROM THE
KNOWLEDGE THAT THIRD PARTIES MAY OBTAIN AS TO THE TYPE, CONDITIONS,
CHARACTERISTICS OF USE AND CIRCUMSTANCES UNDER WHICH THE USERS USE THE PORTAL
AND THE SERVICES.
8.4. Exclusion of guarantees and liability for the Contents
8.4.1. Quality
TERRA does not control or guarantee the absence of viruses or other elements in
the Contents that may cause alternations in your computer system (software and
hardware) or in the electronic documents and files stored therein. TERRA IS FREE
FROM LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE
PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENTS THAT CAUSE ALTERATIONS TO
COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS AND FILES BELONGING TO THE USERS.
8.4.2. Legality, accuracy and usefulness of the Contents
TERRA does not guarantee the legality, accuracy or usefulness of the Contents.
TERRA IS FREE FROM ALL LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED
BY THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF
OR ACCESS TO THE CONTENTS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE
DAMAGES AND LOSSES THAT MAY BE DUE TO (A) A VIOLATION OF THE LAW, GENERALLY
ACCEPTED ETHICS AND PROPER CONDUCT AND PUBLIC ORDER AS A RESULT OF THE
TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR
ACCESS TO THE CONTENTS; (B) A VIOLATION OF INTELLECTUAL AND INDUSTRIAL PROPERTY
RIGHTS, OF CORPORATE SECRETS, OF CONTRACTUAL COMMITMENTS OF ANY KIND, OF THE
RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND IMAGE OF INDIVIDUALS, OF
OWNERSHIP RIGHTS AND OF RIGHTS OF ANY OTHER NATURE HELD BY THIRD PARTIES, AS A
RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT,
OBTAINING OF OR ACCESS TO THE CONTENTS; (C) THE PERFORMANCE OF ACTIVITIES
INVOLVING UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A RESULT OF THE
TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING OF OR
ACCESS TO THE CONTENTS; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS,
OWNERSHIP AND/OR UP TO DATE NATURE OF THE CONTENTS; (E) THE INADEQUATE NATURE
FOR ANY PURPOSE AND THE LACK OF USEFULNESS IN RELATION TO THE EXPECTATIONS
GENERATED BY THE CONTENTS; (F) THE NON-FULFILMENT, DELAY IN FULFILMENT, FAULTY
FULFILMENT OR TERMINATION FOR WHATEVER CAUSE OF THE OBLIGATIONS ENTERED INTO BY
THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD PARTIES THROUGH OR AS A RESULT
OF THE ACCESS TO THE CONTENTS; (G) THE FAULTS AND DEFECTS OF ANY KIND TO THE
CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR IN ANY OTHER WAY
TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED OR TO WHICH ACCESS HAS BEEN
GAINED THROUGH THE PORTAL OR THE SERVICES.
8.4.3. Truthfulness, accuracy, completeness and up to date nature
TERRA does not guarantee the truthfulness, accuracy, completeness and up to date
nature of the Contents. TERRA IS FREE FROM ANY LIABILITY FOR THE DAMAGES AND
LOSSES OF ANY NATURE THAT ARE DUE TO THE LACK OF TRUTHFULNESS, ACCURACY,
COMPLETENESS AND/OR UP TO DATE NATURE OF THE CONTENTS.
8.5. Exclusion of guarantees and liability for the services provided by third
parties through the Portal
8.5.1. Quality
TERRA does not control or guarantee the absence of viruses or other elements in
the services provided by third parties through the Portal that may cause
alternations in your computer system (software and hardware) or in the
electronic documents and files stored therein. TERRA IS FREE FROM LIABILITY FOR
THE DAMAGES AND LOSSES OF ANY NATURE THAT MAY DERIVE FROM THE PRESENCE OF
VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES
THROUGH THE PORTAL THAT CAUSE ALTERATIONS TO COMPUTER SYSTEMS, ELECTRONIC
DOCUMENTS AND FILES BELONGING TO THE USERS.
8.5.2. Legality, accuracy and usefulness
TERRA does not guarantee the legality, accuracy and usefulness of the services
provided by third parties through the Portal TERRA IS FREE FROM ALL LIABILITY
FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED BY THE SERVICES PROVIDED BY
THIRD PARTIES THROUGH THE PORTAL AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR
THE DAMAGES AND LOSSES CAUSED BY (A) A VIOLATION OF THE LAW, GENERALLY ACCEPTED
ETHICS AND PROPER CONDUCT AND PUBLIC ORDER AS A RESULT OF THE PROVISION OF THE
SERVICES BY THIRD PARTIES THROUGH THE PORTAL; (B) A VIOLATION OF INTELLECTUAL
AND INDUSTRIAL PROPERTY RIGHTS, OF CORPORATE SECRETS, OF CONTRACTUAL COMMITMENTS
OF ANY KIND, OF THE RIGHTS TO REPUTATION, PERSONAL AND FAMILY PRIVACY AND IMAGE
OF INDIVIDUALS, OF OWNERSHIP RIGHTS AND OF RIGHTS OF ANY OTHER NATURE HELD BY
THIRD PARTIES AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH
THE PORTAL; (C) THE PERFORMANCE OF ACTIVITIES INVOLVING UNFAIR COMPETITION OR
ILLEGAL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES
THROUGH THE PORTAL; (D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS,
OWNERSHIP AND/OR UP TO DATE NATURE OF THE CONTENTS TRANSMITTED, DISSEMINATED,
STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSED BY WAY OF THE SERVICES
PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (E) THE INADEQUATE NATURE FOR ANY
PURPOSE AND THE LACK OF USEFULNESS IN RELATION TO THE EXPECTATIONS GENERATED BY
SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL; (F) THE NON-FULFILMENT,
DELAY IN FULFILMENT, DEFECTIVE FULFILMENT OR TERMINATION FOR WHATEVER CAUSE OF
THE OBLIGATIONS ENTERED INTO BY THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD
PARTIES IN RELATION TO OR DUE TO THE SERVICES PROVIDED THROUGH THE PORTAL; (G)
THE FAULTS AND DEFECTS OF ANY KIND TO SERVICES PROVIDED BY THIRD PARTIES THROUGH
THE PORTAL.
8.6. Exclusion of guarantees and liability for the services and contents
located outside the Portal
The Portal places at the User's disposal technical link mechanisms (such as,
among others, links, banners, buttons), directories, and search tools that allow
the User to access web sites belonging and/or managed by third parties
(hereinafter, "Linked Sites"). The sole purpose of the installation of these
links, directories and search engines is to aid the Users in the search for and
access to information available over the Internet. TERRA does not offer or
commercialize, on its own behalf or on that of the third parties, the products
and services available in the Linked Sites. TERRA does not previously control,
approve, supervise or make its own the products, services, contents,
information, data, files, products or any type of material existing in the
Linked Sites. Therefore, the User must exercise extreme judgment and prudence in
evaluating and using the services, information, data, files, products and any
other kind of material existing in the Linked Sites. TERRA DOES NOT GUARANTEE OR
ASSUME ANY LIABILITY WHATSOEVER FOR THE DAMAGES AND LOSSES OF ANY NATURE CAUSED
BY (A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED
SITES; (B) THE MAINTENANCE OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES,
PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (C) THE
PROVISION OR TRANSMISSION OF THE SERVICES, CONTENTS, INFORMATION, DATA, FILES,
PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES; (D) THE QUALITY,
LEGALITY, ACCURACY, AND USEFULNESS OF THE SERVICES, CONTENTS, INFORMATION, DATA,
FILES, PRODUCTS AND ANY KIND OF MATERIAL EXISTING IN THE LINKED SITES, UNDER THE
SAME TERMS AND WITH THE SAME SCOPE AS SET FORTH IN GENERAL CONDITION 7.2 AND 7.3
AS REGARDS THE CONTENTS AND THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE
PORTAL.
8.7. Exclusion of guarantees and liability for the use of the Portal, the
Services and the Contents by the Users
TERRA is not obliged to and does not control the use made by the Users of the
Portal, the Services and the Contents. In particular, TERRA does not guarantee
that the Users will use the Portal, the Services and the Contents in accordance
with these General Conditions and, as appropriate, the applicable Specific
Conditions or that they will do so diligently and prudently. TERRA is not
obliged to verify and does not verify the identity of the Users or the
truthfulness, validity, completeness and/or authenticity of the data provided by
the Users about themselves to other Users. TERRA IS FREE FROM ALL LIABILITY FOR
THE DAMAGES AND LOSSES OF ANY NATURE DUE TO THE USE OF THE SERVICES AND THE
CONTENTS BY THE USERS OR THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, VALIDITY,
COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION PROVIDED BY USERS TO OTHERS
ABOUT THEMSELVES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR THE DAMAGES AND
LOSSES OF ANY NATURE THAT ARE DUE TO THE ASSUMPTION OF THE IDENTITY OF A THIRD
PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE PORTAL
9. LICENCE
TERRA does not confer any license or authorization whatsoever over its
intellectual or industrial property rights, or over any other property or right
relating to the Portal, Services or Contents.
10. DENIAL OR WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR THE SERVICES
TERRA reserves the right to deny or withdraw access to the Portal and/or
Services, at any time and without being required to issue prior warning, to any
Users that fail to comply with these General Conditions or the applicable
Specific Conditions.
11. PROCEDURE IN THE EVENT OF A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event any User or a third party should consider that any of the Contents
have been included in the Portal in violation of his/her intellectual property
rights, notification should be sent to TERRA containing the following: (a)
personal details: name, address, telephone number and e-mail address of the
claimant; (b) authentic signature or equivalent, with the personal details of
the titleholder of the rights that have allegedly been infringed or of the
person authorized to act for and on behalf thereof; (c) precise and specific
indication of the Contents protected by intellectual property rights, as well as
the location thereof in the Portal; (d) express and clear declaration that the
use of the indicated Contents has been carried out without the consent of the
titleholder of the intellectual property rights there over which have allegedly
been violated; (e) express declaration, under the claimant's responsibility,
that the information provided in the notification is accurate and that the use
of the contents constitutes a violation of his/her intellectual property rights.
Such notifications should be sent to:
12. TERM AND TERMINATION
The provision of the Portal service and other Services shall, in principle, have
an indefinite term. However, TERRA is entitled to terminate or suspend the
provision of the Portal service and/or any of the other Services at any time,
without prejudice to the provisions in this respect included in the
corresponding Specific Conditions. When reasonably possible, TERRA will issue
prior warning as to the termination or suspension of the provision of the Portal
service and other Services.
13. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of the Brazil. Each party
hereby consents to the exclusive personal jurisdiction of the city of São Paulo,
acknowledges that venue is proper only in a state or federal court in the State
of São Paulo, and waives any objection that may exist, now or in the future,
with respect to any of the foregoing.