Lair Ribeiro Training Academy Ltda, company enrolled with the CNPJ under No. 18.672.654/000127, with head office at Rua José Maria Lisboa, nº 445, Bairro Jardim Paulista, in the city of São Paulo, State of São Paulo, CEP 01423-000, herein duly represented in the form of its articles of incorporation, herein after referred to as PUBLISHER, and the USER, sign this TERM OF USE (“TERM”), which defines the conditions by which the USER will be able to access and use the visualization system functionalities (the “Platform”), made available in a web environment with its use limited to the present licensing conditions.
1.1. The use of the Platform, whether for registering, using the functionalities of the Platform, making a Purchase or viewing the Channel’s Content, even if partial or as a test, indicates that the USER agrees with this TERM.
1.2. This TERM may be changed periodically, either for legal or strategic reasons by the PUBLISHER. The USER hereby agrees and recognizes that it is the USER’s sole and entire responsibility to periodically check this TERM. PUBLISHER may, by mere liberality, inform the USER about significant alterations to these TERMS by means of notices or information sent to the USER via the e-mail address registered by the USER in the Platform.
2.1. For the purposes of this instrument, the words and expressions below have the following definitions, and may be used in the singular or plural:
2.1.1. “Channel”: PUBLISHER’s exclusive space for making Content available to the USER on the Platform;
2.1.2. “USER(S)”: means the individual or legal entity, with full capacity to contract, which accesses the Platform and makes its personal registration in order to use the functionalities offered by it, thus automatically adhering to this TERM;
2.1.3. “Financial Data”: data relating to the credit card used by the USER to purchase Channel Courses, such as credit card number, name printed on the card, expiration date, security code, and flag;
2.1.4. “Content”: PUBLISHER’s exclusive responsibility for all of its creations and may include, without limitation, videos, photographs, illustrations and other images, sounds, animations, three-dimensional works and other works that may be distributed (with or without format conversion) by PUBLISHER to the USER through the Channel;
2.1.5. “Courses”: the Channel’s environment where PUBLISHER’s Content is stored, for access to the Content, through acquisition by the USER, separated by themes at the PUBLISHER’s discretion;
2.1.6. “Personal Information”: environment of the Platform in which the USER inserts his/her personal data, requested by the PUBLISHER;
2.1.7. “Financial Information”: data relating to the credit card used by the USER to make purchases on the Channel, such as the credit card number, name printed on the card, expiration date, security code, and flag;
2.1.8. “Purchase”: act by which the USER, acquires the right to watch the Content published in a Course, for the period, price and conditions predetermined by the PUBLISHER in its Channel.
3. Granting access to the Content
3.1. PUBLISHER, owner of the copyrights to the Content, hereby authorizes the USER, by means of the Purchase of a specific Course, to access the Content published by PUBLISHER in the Channel through the Platform for the period and conditions determined by PUBLISHER at the moment of the Purchase by the USER.
3.2. The USER declares to be entirely responsible for the Personal Information and Financial Information inserted in the Platform, and it is up to the USER to keep his/her registration always updated, under penalty of the USER not receiving any information about the Platform, as a result of his/her data being out of date.
3.3. The USER is not authorized to practice acts aimed at defaming, persecuting, bullying, abusing, harassing, threatening or intimidating the PUBLISHER by virtue of information obtained through access to the Content.
4.1 General operation. The Platform consists of a tool to make digital Content available by the PUBLISHER, on the Channel, which can be visualized by the USER by means of the Purchase of Courses.
4.2 When accessing the Channel, more precisely the “Courses” tool, the USER will be able to visualize (i) the Content made available by the PUBLISHER, (ii) the number of videos available in each Collection, and (iii) the conditions established for the realization of the Purchase of the specific Course.
4.2.1 The PUBLISHER, at the time of making available each Course, will define, at its sole and exclusive discretion, the number of videos made available in each Course, as well as the amount of the Purchase of each Course and the time of making them available.
4.3 If the USER wishes to Purchase any course in order to have access to the Content published by PUBLISHER for that particular Course, he/she must register through the “Register/Login” tool by providing Personal Information.
4.3.1 Once the personal data requested in the terms of item 4.3 have been filled out, the USER will be able to purchase the Course through the PUBLISHER’s Channel.
5. Hiring Plans
5.1 The USER will be able to make, at his discretion, the Purchase of Courses of the Channel, and the values will be discriminated in the Channel and accessible to the USER at the moment of the Purchase.
5.1.1 The USER hereby declares that he/she is aware that, if the form of payment chosen by him/her is by credit card, the charge relative to the value of the Purchase will be automatically made to his/her credit card.
5.1.2 The USER hereby declares to be aware that PUBLISHER is not liable in any way in the event that the transaction has been made using a credit card and has not been completed and/or approved by the USER’s credit card company.
5.1.3 The USER will have access to the Course Content acquired for the period configured by the PUBLISHER as from the moment of its acquisition.
5.1.4. Once the period of availability of the Content configured by the PUBLISHER in accordance with item 5.1.2 above has ended, the User hereby acknowledges that he/she will no longer have access to the Content for all legal purposes.
5.2 The PUBLISHER may change the Purchase Price of Channel Courses at its sole discretion. If the PUBLISHER changes the value of the Purchase of Courses, after the USER has already made the Purchase, only new USERS will be affected.
6. Technical Support
6.1 Technical Support is limited to the provision of services to the USER by the PUBLISHER, by means of information exchange, by e-mail, through the Platform, in the “Contact” tab.
6.2 Technical Support provided by PUBLISHER does not cover the USER’s Internet connection, internal network and computers/mobile devices.
7. Improvements/Corrections/New Versions
7.1 The Platform may be improved, according to convenience and necessity, and there may even be temporary suspension of services due to improvement. All modifications, improvements and corrections made to the Platform are incorporated herein and subject to this TERM.
7.2 PUBLISHER may accept the suggestions for improvements made by the USER, but under no circumstance will PUBLISHER be entitled to any property right over such inserts or improvements.
8.1 Each Party shall treat in a strictly confidential manner the information brought to its knowledge by the other Party and shall only use it within the scope of the services herein agreed upon.
8.2 “Confidential Information” is understood as all the exclusive information of one of the Parties (“Revealing Party”) revealed to the other Party (“Receiving Party”), verbally or in writing, that are indicated as confidential or that by common sense should be considered confidential in view of the nature of the information, especially in relation to the information supplied by the USER at the moment of registration, such as: name, age, e-mail etc., that will be used for the ends of this TERM.
8.3 Each Party agrees to protect the confidentiality of the other Party’s Confidential Information in the same manner as it acts to protect the confidentiality of its own proprietary and confidential information of the same type.
8.5 The USER’s information will be supplied, when requested, by proper means, only by legal or judicial order.
9. Restrictions on Use of the PLATFORM
9.1 This TERM is governed by the provisions of Law 9609/98 and Law 9610/98, and the violators are subject to the penalties of crimes under Article 184 of the Penal Code, without prejudice to civil liability for any damage caused by the use and distribution of unauthorized copies of the Content or any other violation of the rights arising from its ownership.
9.2 Any procedure that implies (i) reverse engineering, decompilation, disassembly, translation, adaptation and/or modification of the Platform, or any other conduct that allows access to its source code; (ii) copy, assign, sublicense, sell, rent or pledge, reproduce, donate, alienate in any way, transfer all or part of, in any form, for free or onerously, temporarily or permanently, the Channel Content; and (iii) make access available to third parties by providing a password and registered user.
9.3 The Content is protected by copyright and intellectual property laws. The right to use the Content is licensed to the USER solely and exclusively for viewing on the Channel, there being, therefore, no assignment of rights relating to the ownership of this.
10. Limitation of liability
10.1 The PUBLISHER will not be held liable for (i) results produced by the Platform if it is affected by any type of external program, such as those popularly known as viruses, or by operation failure or data corruption; (ii) any defect resulting from the exclusive fault of the USER; (iii) damages or losses arising from administrative, managerial or commercial decisions taken based on the Content; (iv) problems in the physical and logical network of the USER; (v) any and all liability for any losses and damages, lost or emerging profits, whose causes may be attributed, directly or indirectly, to the provision, use or performance of the Platform; and (vi) events defined in the civil legislation as fortuitous case or force majeure.
11.1 This TERM is effective for an indefinite period, as of the moment of the completion of the Purchase of any Course of the Channel and consequent acceptance of this TERM, in accordance with the terms of item 5.1.
12.1 For the PUBLISHER:
12.1.1 This TERM may be terminated early by the PUBLISHER at any time, by means of prior electronic communication to the USER, without the USER having any right to claim.
12.1.2 In the case described in item 12.1.1, the USER will be reimbursed in full for the amount paid for the Purchase if the period of visualization stipulated by the PUBLISHER in accordance with item 5.1.3 has not yet expired, by means of a refund on the credit card within the timeframe and conditions established by the credit card operator; or, in the case of a bank draft, as a credit in the user’s account at PagSeguro.
12.2 By the USER:
If the USER gives up the Purchase, within 7 (seven) days as from the date of confirmation of the Purchase on the Platform and as long as he/she has not used the contracted service, he/she must send an e-mail to the following e-mail address email@example.com, requesting the withdrawal of the Purchase. The full amount of the amounts paid will be refunded to the USER, by making a chargeback in the credit card, within the terms and conditions established by the credit card operator; or, in the case of a payment slip, as a credit in your account at PagSeguro.
12.3 The USER declares to be aware that, if the present TERM is terminated, regardless of the reason, the USER will automatically be unable to access the Channel and use the Platform, as well as view the Content.
13. Final Provisions
13.1 The tolerance of one Party with the other regarding the non-fulfillment of any of the obligations assumed in this TERM will not imply novation or waiver of rights. The tolerant Party may, at any time, require the other Party to faithfully and fully comply with this TERM.
13.2 This TERM is binding upon the Parties and their successors in any capacity.
13.3 Infeasibility of execution or invalidity, even by virtue of a court decision, of any provision, will not affect the validity of the other provisions of this TERM, which will remain valid and enforceable according to its terms.
13.4 The Parties elect the courts of the judicial district of the city of São Paulo, State of São Paulo, to settle any controversy arising from this TERM, expressly waiving any other, however privileged it may be.
I declare that I have read and am aware of the conditions specified above.