I – INTRODUCTION
II.1 This Website was developed and is available for the User duly registered, for the purposes of accessing the digital “online” courses video-lessons format covering various content, but not limited to gastronomy, culture, sporting practices, art craftwork and therapies, among various other matters (“Courses“). The Courses are offered in online and distance form, aiming to empower people to develop various skills through education and information dissemination, content of different themes, providing access to knowledge and quality education.
II.3. Portal Namu Cursos will provide and offer, from time to time, Courses in a specific area of knowledge or a particular material, field, subject, such as, but not limited to yoga, gastronomy, Pilates, among others, and shall provide and reduce the Courses offer freely.
II.4.1. Portal Namu Cursos therefore shall offer various forms and species of free classes in one or more Courses and the User shall have a trial opportunity. The Portal shall provide a Course or part of it for the purpose of free access by the User for a certain period, during which the User shall use only certain features of it, at the Portal‘s discretion. The User declares to be aware that Portal Namu Cursos shall determine what are the restriction access features of each Course in which an eventual offering access shall be given within a certain period of free classes
II.4.2. Portal Namu Cursos shall offer, from time to time, specific forms of sales Course(s) to Users such as, but not limited to, gift cards purchases to give to third parties, coupons, discount vouchers, course packages promotional prices, progressive discounts and/or other forms of promotion that Portal Namu Cursos shall believe relevant. Any promotional activity and discount offered by the Portal will have the conditions described in each specific field of the promotional page campaign or Course on sale at the Portal (“Specific Rules“) and the User shall observe the specific rules of each of them. The Portal reserves the right to terminate, reduce, increase, delete, cancel any form of free promotional campaign that has not generated employment bond and/or User or third party adhesion on any Course, not doing justice the User to any right or claim in this regard.
II.5. Additionally the Courses to be available on the Website, Portal Namu Cursos shall also offer other services and/or areas of access to Users as exemplified below:
(i) “Advertise your business here”: Formats and values offered by Portal Namu Courses to third party for recruiting advertising ads and/or promotion in general are purely indicative and shall undergo price changes and/or payment terms at any time, reason that the effectiveness of each ad will only occur after specific contract concluded between the third party and Portal Namu Courses.
(ii) “Work with us”: The act of fulfilling and/or to submit general forms provided by Portal Namu Cursos to interested third party working in Portal Namu Cursos shall not imply under any circumstances, the commitment for compulsory recruitment of such third party, given that the information submitted will be employed only for the purpose of screening and, in case Portal Namu Cursos have interest, it will be used for the candidate evaluation purposes in a possible job opportunity.
(iii) “Newsletter”: The e-mail Register for the newsletter available and offered by the Website does not require Portal Namu Cursos to forward emails frequently with fixed and/or predetermined frequency. The User at the time of e-mail registration authorizes and consents to receive information through the Portal e-mail according to the periodicity to be defined solely by Portal Namu Cursos. The User certifies that the information in the register to receive the newsletter are true and he/she is in full accordance with the rules set forth herein.
II.6. Portal Namu Cursos and/or the Course administrators/experts/tutors (“Administrators”) reserve the right to suspend, interrupt and/or reschedule any and all Course and shall modify the content, encompassing, but not limited to the User signature validity, eventual application test or any progress evaluation, institutional performance, among any others for any purpose.
II.8. The Courses provided by Portal Namu Cursos are all set in fully enclosed code, without a reproduction possibility, with individual access and fully transferable per User. The User under any circumstances shall not share his/her own password with others, which is a personal and non-transferable password. The Portal for the offered courses shall also have requirements and/or specific prerequisites so that the User shall or shall not register and carry out a specific course offered by the Website (“Specific Rules”). It is strictly prohibited to hold more than one register per User on the Website, as well as the assumption of the same without authorization, the identity of another User. In both cases, the Website can block the access to both offender User entries without notice, and incur other judicial measures or legal action.
II.9. Portal Namu Cursos shall reserve the right to create, alter, modify, restrict, increase, in short, shall practice any kind of change regarding any forms of plans, prices, number of classes, among others related to the Course(s) offered and performed by the Portal, including free promotional offers, at their sole discretion, with the exception of those already contracted by the User, which shall be changed without prior notice to the User. In the event of Portal Namu Cursos modifies or fail to provide, for the duration of the contract, any User contracted Course; the Portal shall adopt the following measures:
- to notify the User about the change and provide other forms of plans or services that the User shall join, as compensation; or
- to notify the User and in case he/she does not accept the change, the Portal shall then (i) reimburse the User in due proportion of the benefited services, or (ii) if no service has been actually chosen, the Portal shall then provide full reimbursement of any amount paid, limited to the purchase amount without adjustment or interest.
II.9.1. To change the purpose of the plans, price offers and any and all-promotional and/or discount it will not fit the User any kind of compensation in case Portal Namu Cursos changes the Course(s) value (s) after effective procurement by the User and thus he/she shall observe the Specific Rules of each Course effectively purchased.
II.9.2. Portal Namu Cursos shall also change and freely edit each and every Course ever released and offered by the Portal, for correcting any errors or omissions, not being due any kind of compensation to the User.
II.10. ANY AND ALL PRICES AND/OR COURSES CONDITIONS OF PAYMENT AND PRESENTED SERVICES PROVIDED ON PORTAL NAMU CURSOS ARE EXCLUSIVELY OFFERED PRODUCTS IN THIS WEBSITE AND IN THE EXCLUSIVELY PORTAL NAMU CURSOS SHOPPING AND SALE CHANNEL. THEY SHALL NOT NECESSARILY MATCH THE PRACTICED AMOUNTS IN ANY OTHER DIGITAL AND/OR PHYSICAL COMPANIES, AS WELL AS SERVICES AND PRODUCTS SOLD BY THIRD PARTY OR SOLD IN OTHER PHYSICAL COURSE LOCATION OR GYM, FITNESS CENTERS AND/OR OTHER EQUIVALENT. THE SERVICES SHALL BE SUBJECT TO PORTAL NAMU CURSOS OFFER AVAILABILITY AND SHALL HAVE VALIDITY ONLY FOR THE DATES SET FORTH AT THE PORTAL.
II.11. PORTAL NAMU CURSOS WILL ACCEPT PAYMENTS MADE THROUGH THE FOLLOWING PLATFORMS:
II.12. AS THE SERVICE PROVIDED BY PAGSEGURO AND THE PAGAR.ME ARE THIRD PARTY AVAILABLE SERVICES, PORTAL NAMU CURSOS SHALL NOT GUARANTEE IN ANY FORM, AN UNINTERRUPTED OR ERROR-FREE SERVICE PROVISION, AND SHALL NOT BE RESPONSIBLE FOR THE INABILITY TO PERFORM ELECTRONIC TRANSACTIONS OR OPERATIONS DURING THE UNAVAILABILITY SERVICE PERIODS.
II.13. The validity of each Course duly signed will be a maximum of three (3) year term, in which the Course will have a fully expired validity and the User will no longer have access to the Course. Portal Namu Cursos shall change the expiration Course date, at which the Portal shall inform the time changed in the Course Specific Rules(s) when offering any Course to the User.
II.14. The Access to Portal Namu Cursos and/or contracted Course(s) shall be carried out by a maximum of 3 (three) devices or multiple IPs. However, the User shall only attend classes and/or video Course(s) in one device at a time. If the User watch the same video simultaneously on more than one device, Portal Namu Cursos shall cancel the User’s account and suspend immediately the access to the referred contracted Course.
II.15. Portal Namu Cursos reserves the right to change, modify, terminate, create as well as to provide other forms of e-commerce, digital payment and online existing transactions that best suits the Portal, at their sole discretion, given that the User shall adhere to and comply with the rules and conditions of the services provided by these third party, exempting Portal Namu Cursos of any responsibility towards such providers, as they are third party services provider, without any Portal Namu Cursos interference.
III. REGISTRATION OF USERS
(i) be over 18 years old and be in full exercise of his/her mental abilities, and shall be fully responsible for the registration and for his/her actions;
(ii) provide full name, sex, date of birth, marital status, e-mail address and set an access password;
(iii) accept that he/she had read and shall acknowledge to be in full agreement with all terms and conditions contained herein and/or indicated by the Website; and
(iv) recognize the validity of his/her electronics will manifestation.
III.1.1. At registration on the Website, the User shall have the maximum attention in filling out his/her data, being understood, since then, that Portal Namu Cursos will not be responsible for errors in the User registration, for example, double registration, wrong data information, among others.
III.1.3. The User is the only responsible for all activities that occur with the use of his/her registration and login, he/she shall store his/her access password in a safe place. The User shall notify Portal Namu Cursos immediately by e-mail, of any security infringement or unauthorized use of his/her registration, subject to responsibility of the activities performed through his/her account.
III.1.4. Although Portal Namu Cursos will not be responsible for any loss caused to the User by unauthorized use of his/her registration, the User shall be responsible for Portal Namu Cursos losses or others due to such unauthorized use.
III.2. The User shall inform Portal Namu Cursos in his/her own registration and/or by e-mail, when appropriate, of any additional changes to the information provided at the time of his/her registration.
III.8.1. The User declares himself/herself aware that if he/she opts to accomplish his/her registration with Portal Namu Cursos through other social networks login or applications associated with Portal Namu Cursos, he/she automatically authorizes the Portal to use and/or have access to all and any existing data in the corresponding User profile pages that have been captured at registration time.
- STATEMENT OF COURSE COMPLETION
IV.1. For some Courses, at the sole discretion of Portal Namu Cursos, depending on each User performance and as assessed by the Directors and mandatory requirements, purposes, skills and knowledge for each specific Course, it shall be attributed to the User a statement that he/she completed all the stages of the Course (“Statement of Course Completion” or “Certificate”). This Statement of Course Completion, if effectively delivered to the User, will be necessarily provided by Portal Namu Cursos, and/or by their Directors. The Statement of Course Completion attests that the User has completed the Course in accordance with the Course required attendance and in accordance with the skills, specific knowledge levels and stages of each Course, which will be properly described on each Course page on the Website.
IV.2. The User declares and guarantees that the Statement of Course Completion, if and when provided, it will not be affiliated with any College or University, that is to say, it will not have official and formal educational certification character, therefore, it will have neither academic nature, nor will it confer any credit and/or titles for academic purposes. Portal Namu Cursos, as well as any of their administrators and teachers do not have the obligation to make any of their courses as recognized or accredited by any Government agency, in any of their spheres, or any educational institution recognized or accredited to do so, unless previously and expressly declared by Portal Namu Cursos. The Statement of Course Completion format will be arbitrated by Portal Namu Cursos and/or their Directors and shall be subject to variations by class and/or course regarding formatting, that is to say, it shall detail or not the score or class performance notes, or any other at Portal Namu Cursos sole discretion.
- THE WEBSITE USE AND WARRANTY LIMITATIONS
V.1. Users duly registered in the Course, shall interact with Directors or any authorized person by Portal Namu Cursos through the specific FAQ of each Course or by Portal Namu Cursos FAQ and shall send questions and receive answers from teachers, specialists, among others, as well as to receive educational materials and participate in online chats, enabling information exchange among other third party registered in the Course(s) and also from the Administrator, before, during or after classes, among others, in specifically areas determined by Portal Namu Cursos (“Interactions”). The User shall not directly interact with teachers, experts and/or any third party, but only through tools available at the PORTAL, as there will not be deadline for Portal Namu Cursos to forward the answers; however, the Website authorized third party shall perform these interactions with the User, on behalf of the expert or teacher.
V.3. Users shall use the services offered by the Website, and it is certain, however, that the submission, integration and availability of any comments, messages, photos, videos, testimonials, texts, essays and/or content with educational opinionative nature or not, in the Website, the Courses, classes, forums, spaces and any chat rooms and/or “questions and answers” in its various forms and formats, such as, but not limited to videos, video lessons, photos, texts, academic nature works, monographies, among others, (the “Content“), will be allowed only to the registered User in Portal Namu Cursos.
V.5. For applications, contents and/or tools containing the reproduction of any audio files, audiovisual and/or photo, Portal Namu Courses will be held responsible the User for any use, replication and/or unauthorized distribution of these through Portal Namu Cursos, since these are published in Portal Namu Cursos in strict accordance with the license terms and assignment issued by the holders of such content in favor of Portal Namu Cursos and shall not be copied, transferred, used and/or excluded from Portal Namu Cursos by the User.
V.6. Despite free access to any individuals, registered or not in the Website, the posted Content, opinions, statements and/or interactions of any kind will only be allowed to Users who proceed to prior registration (whose data and content will be inserted in the Website under only the exclusive User responsibility).
V.8. The Website shall temporary use files (“cookies”) to identify the User, which shall be Portal Namu Cursos User or third party files, fitting the visitor to configure his/her Internet browser if he/she wants to block them. In this case, certain features of the Website shall be limited. Portal Namu Cursos shall provide third party applications, tools and contents produced under their responsibility, as well as third party information and/or statements as specialty of professionals responsible for their respective creations and areas such as, but not limited to recipes, guides services and products, lectures and interviews, classes and Courses, testimonials, tips and/or medical field information, for which the Portal Namu Cursos shall not be responsible for under any event, damages and/or material, moral and/or health losses that the User shall have due to the use of such applications, tools, content, information and/or third party statements.
V.9. The Website services use is under the User sole responsibility. The services depend on the functionality of various factors such as the interaction of servers and third party telecommunications services, the User and third party equipment adequacy, among others. Considering this, Portal Namu Cursos will endeavor their best efforts to ensure that the services work properly without interference. However, in view of the nature of the services and the current state of related technical, data communications, electronic transmissions, and computer equipment operation, Portal Namu Cursos does not guarantee the Website privacy, security, functionality, accuracy and efficiency. Portal Namu Cursos does not guarantee that the Website will be uninterrupted or free form of any errors or failures and so little ensures the impossibility of his/her system and servers shall be attacked, hacked, modified or damaged in any way by third party.
V.10. Portal Namu Cursos make no warranties of any kind with respect to the Website, whether expressed or implied. Portal Namu Cursos will not be responsible for any comments, opinions, information, testimonials, messages, videos, text, images, audios or any other kind of content that are posted, published and made available through Portal Namu Cursos (on their web pages and/or blogs), by experts, teachers and/or Users, leaving any civil and criminal responsibility attributed only and exclusively to the professional himself/herself, author of any articles, comments, reviews, information, or messages. All content posted, informed and/or provided by teachers, experts and/or Users are solely the responsibility of the same and having completely independent character, and any kind of opinion, ideal and/or expressed position will not necessarily reflect Portal Namu Cursos view and position. These contents will not be necessarily conferred, revised, or in any way endorsed by Portal Namu Cursos. Portal Namu Cursos reserves the right to store the authors and/or information Users in order to facilitate their identification.
V.11. Portal Namu Cursos will not guarantee that the Website will be suitable to the User needs or that the User’s browsing on the Website will be free from viruses or any programming routine or created code used to interrupt, destroy or change software, hardware or telecommunications equipment, which shall cause damage to the User or to third party.
V.12. Portal Namu Cursos will not assume any damages suffered by the User resulting from the access to the global Internet network, such as viruses, trojans or malwares of any kind.
V.13. Portal Namu Cursos will not be responsible for any failure in the system even though the reasons attributable to them, establishing that the Website services will be provided as they are available.
V.15. PORTAL NAMU CURSOS THUS EXEMPTS AND DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, ANY RESPONSIBILITY FOR LOSSES AND DAMAGES OF ANY KIND, LOST PROFITS, AND CONSEQUENTIAL DAMAGES THAT SHALL ARISE FROM THE CONTINUITY FAILURE OR WEBSITE OPERATION, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE WEBSITE SERVICE, INCLUDING BUT NOT LIMITED TO POSTING AND CONTENT AVAILABILITY ON THE WEBSITE. SOME JURISDICTIONS SHALL PROVIDE CERTAIN WARRANTIES, AS PRODUCT AND/OR SERVICE SALE MARKETING RESPONSIBILITY, SUITABLE FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT ALLOWED BY BRAZILIAN LAW OR ANY OTHER APPLICABLE TO THE CONCRETE CASE, PORTAL NAMU CURSOS EXCLUDE THEMSELVES OF ANY AND ALL WARRANTIES.
V.17. Should your national legislation or international treaties determine that Brazilian law does not cover differentiated and specific treatment to personal data considered sensitive, you hereby acknowledge and affirms that you will not provide such data to access the Website or relationship with Portal Namu Cursos. This data shall include, without limitation, document number, credit cards, residential address, and others as determined by the local legislation. Should your local laws prohibit the storage and collection of IP data, access logs and registration data, you hereby acknowledge and disclaims using in any way the Website, exempting Portal Namu Cursos of any responsibility if you do so.
- LIMITATIONS OF RESPONSIBILITY
VI.1. For applications, tools, any audio content and/or audiovisual, containing lecture, classes or Courses reproduction in general, Portal Namu Cursos shall not be responsible for any unavailability, quality and/or technical failures in such display, not even information veracity and/or statements contained therein. Portal Namu Cursos will be not responsible for any advertisements that shall be linked to the applications, tools and/or content, for dealing with third party content on which the Portal Namu Cursos will not have any kind of interference.
VI.2. For applications, tools and/or content made available through texts, audios and videos, Portal Namu Cursos will not be responsible for either any unavailability of these, technical problems nor for any advertising and their contents, which do not necessarily reflect Portal Namu Cursos opinion.
VI.3. For the Courses, their content, tips and/or information about any suggestions and/or teachers, specialists, Course instructors advice, Portal Namu Cursos shall not be responsible for any damages and/or losses caused to Users, with a view that Portal Namu Cursos will not endorsing the User health restrictions and diseases, therefore, it is extremely necessary that the User, depending on the Course that he/she will engage, he/she shall consult his/her physician, expert or authority on the subject before practicing or consuming any of the products, noting that such conduct is the most appropriate and cautious, lest there will not be any harm to the User health.
VI.4. Any and all tips, instructions, medicinal recipes, culinary and/or home cosmetic production and/or for general well-being and/or any other, Portal Namu Cursos shall not be responsible for any moral and health material order damages and/or losses, that Users shall have due to the handling and/or preparation of the ingredients and/or corresponding goods, as well as in case the Course result does not match the final product as it is shown in the contents provided by the Portal, either due to possible collateral effects that shall arise for the correct and/or incorrect use of such products, since some and/or all available recipes are third party techniques result research, with no testing and/or scientific evidence by Portal Namu Cursos of their efficacy and/or practical result, these being available only as generic Portal Namu Cursos suggestions, entitling each User and/or third party the responsibility for ascertaining the appropriateness or not for practical application for their and/or third party benefits based on genetic historical, medical and/or any others that they shall deem appropriate.
VI.5. Declare Users themselves aware that Portal Namu Cursos when publishing any recipe, education, information and/or product, substance, procedure indications and/or physical activities that shall generate impacts and/or consequences in the User organic and/or physiological compositions, have no intention, under any circumstances, to appoint and/or orientate Users to replace any medical procedure and/or guidance from ANVISA and/or World organizations and/or National Health, fitting to each User to consult experts in case of doubts and/or possible conflicts between current health standards and content available through the Courses and Portal Namu Cursos.
VI.6. The User shall not send/post/deliver Interactions and/or Contents that:
(i) disrespect Brazilian law in general and, in particular, the copyright and/or intellectual property law;
(ii) contain images, messages or pornographic, pedophilic, racist, violent contents or else offensive to honor, privacy, image, personal and family privacy, or otherwise offensive or contrary to the laws, order, morals and good customs;
(iii) be produce in order to commit fraud, encourage illegal, or contrary to moral conduct practices;
(iv) is produced without proper and prior express written authorizations and third party consents that eventually appear in the inserted Content, whether copyright holders and/or related, and Content image and/or sound constant voice right holders; and
(v) disrespect the electoral and party legislation.
VI.7. PORTAL NAMU CURSOS, SHALL IN THEIR SOLE DISCRETION, MONITOR THE CONTENTS PREVIOUSLY PROVIDED BY USERS, FITTING SOLELY PORTAL NAMU CURSOS TO DECIDE FOR PUBLICATION OR NOT OF ANY CONTENT. STILL, IT IS EXCLUDED ANY AND ALL RESPONSIBILITY FOR CONDUCTS, INTERACTIONS, POSTED CONTENTS BY THE WEBSITE USERS. PORTAL NAMU CURSOS MAKE AVAILABLE COMPLAINT MEANS BY WHICH ABUSE AND THIRD PARTY RIGHTS VIOLATIONS MAY BE REPORTED.
VI.9. The User agrees and acknowledges that Portal Namu Cursos shall change any Website aspect, including his/her sent or posted comments, and shall suspend or cancel them, at their sole discretion and at any time, regardless prior or after notice to the User, in which case Portal Namu Cursos is expressly under no obligation to return and/or maintain any information, data and/or Content provided by the User at Portal Namu Cursos.
VI.10. PORTAL NAMU CURSOS EXEMPT THEMSELVES FROM ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES AND LOSSES WHICH SHALL ARISE FROM THE ACCESS, INTERCEPTION, REMOVAL, ALTERATION, MODIFICATION, USE OR HANDLING BY NO AUTHORIZED THIRD PARTY OF FILES AND TRANSMITTED COMMUNICATIONS THROUGH THE WEBSITE.
VI.12. The User declares and warrants further that: (i) the submitted comments and interactions made to the Website are in accordance with the applicable legal dispositions; (ii) the use of any protected material by copyright, related rights, industrial property rights and personality rights in the development of Content lies regulated to the respective copyright holders/related and/or to the referred Content image and/or to any material and/or element that constitutes it; (iii) has obtained the licensing rights, permissions and authorizations that shall be eventually necessary for the development, dissemination, exhibition, changing, editing, modification and Content commercial exploitation, including third party rights of image and voice use, if applicable; and (v) the Content does not violate third party rights, including without limiting to, copyright and personality rights.
VI.13. PORTAL NAMU CURSOS THUS EXEMPTS AND DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, ANY RESPONSIBILITY FOR LOSSES AND DAMAGES OF ANY KIND, LOST PROFITS, AND CONSEQUENTIAL DAMAGES THAT SHALL ARISE FROM THE CONTINUITY FAILURE OR WEBSITE OPERATION, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE WEBSITE SERVICE, INCLUDING BUT NOT LIMITED TO POSTING AND CONTENT AVAILABILITY ON THE WEBSITE. IT WIL BE EXCLUDED ANY AND ALL PORTAL NAMU CURSOS RESPONSIBILITY FOR ANY CONDUCT OR POSTED CONTENT ON THE WEBSITE BY USERS. PORTAL NAMU CURSOS MAKE AVAILABLE COMPLAINT MEANS BY WHICH ABUSE AND RIGHTS VIOLATIONS SHALL BE REPORTED, WHICH WILL BE PROPERLY ANALYSED BY THE PORTAL THAT WILL DECIDED IN ACCORDANCE WITH THE APPLICABLE CORRESPONDING LAW AT THE TIME OF THE REFERRED ABUSES AND VIOLATIONS OCCURRENCE. ANYWAY, THE SITE SHALL NOT BE RESPONSIBLE FOR ANY USERS PROVIDE CONTENT OR CONDUCT ON THE WEBSITE.
VI.15. The search engine results are provided directly by third party and are a result of the automatic operation of technical mechanisms, the reason why Portal Namu Cursos will have no control over these results. For this reason, and even if it is not their responsibility, Portal Namu Cursos warns that in such results may appear Internet sites whose content shall be illegal, inappropriate, contrary to morals and good customs. For this reason, and although it will be not their responsibility, Portal Namu Cursos alert that in such results shall appear Internet sites whose content can be illegal, inappropriate, contrary to morals and good customs.
VI.16. PORTAL NAMU CURSOS THUS EXEMPTS AND DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY THE APPLICABLE LAW, ANY RESPONSIBILITY FOR LOSSES AND DAMAGES OF ANY KIND, LOST PROFITS, AND DAMAGES THAT SHALL ARRISE FROM THEM: (A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF LINKED SITES; (B) ANY TYPE OF EXISTING MATERIAL OR SERVICE AVAILABLE IN THE LINKED SITES; (C) THE QUALITY, LEGALITY, RELIABILITY AND UTILITY SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY KIND OF EXISTING MATERIAL IN THE LINKED SITES, TIPS OR ANY OTHER CONTENT OF EXTERNAL LINKS.
VII. INTELLECTUAL PROPERTY AND PROHIBITION TO USERS
VII.2. THE USER SHALL NOT IN ANY WAY REPRODUCE, USE, COPY, DISTRIBUTE, ALLOW PUBLIC ACCESS, MAKE PUBLIC AVAILABILITY, TRANSFORM, MODIFY IN ANY WAY THE PORTAL CONTENT, UNLESS BY A PRIOR EXPRESS WRITTEN USAGE AUTHORIZATION OF THE CORRESPONDENT RIGHTS HOLDER, OR BY PORTAL NAMU CURSOS THAT SUCH IS LEGITIMATE, LEGALLY OR CONTRACTUALLY PROVIDED AND/OR ANY OTHER PERMITTED FORM. THE USER MUST COMPLY IN FULL WITH THE RECEIVED PERMISSIONS FOR THE USE OF ANY WEBSITE CONTENT AND SHALL NOT DELETE OR CHANGE ANY COPYRIGHT NOTICE, COPYRIGHT OR FALSELY APPLY ANY SERVICE OR COPYRIGHT NOTICE, COPYRIGHT OR INDUCE THIRD ERROR THROUGH FALSE CONSTRUCTION PROTECTED LICENSING OR ANY OTHER FORM OF RIGHTS VIOLATION.
VII.3. THE USER SHALL NOT IN ANY WAY REPRODUCE, USE, COPY, DISTRIBUTE, ALLOW PUBLIC ACCESS, MAKE PUBLIC AVAILABILITY, TRANSFORM, MODIFY IN ANY WAY THE COURSE AND/OR THIRD PARTY CONTENTS UNLESS BY A WRITTEN PRIOR AND EXPRESSED PORTAL AUTHORIZATION, WHICH USAGE SHALL BE LEGITIMATE, LEGALLY OR CONTRACTUALLY PROVIDED AND/OR ANY OTHER PERMITTED FORM BY PORTAL NAMU CURSOS. THE USER MUST COMPLY IN FULL WITH THE RECEIVED PERMISSIONS FOR THE USE OF ANY WEBSITE CONTENT AND SHALL NOT DELETE OR CHANGE ANY COPYRIGHT NOTICE, COPYRIGHT, OR FALSELY APPLY ANY SERVICE OR COPYRIGHT NOTICE, COPYRIGHT AND/OR USE LICENSES, CC LICENSES OR INDUCE THIRD ERROR THROUGH FALSE CONSTRUCTION PROTECTED LICENSING OR ANY OTHER FORM OF RIGHTS VIOLATION. THE USER SHALL NOT SAVE ANY OF THE COURSES THROUGH ANY PORTABLE DEVICE OR DIGITAL CAPTURED IMAGE, SUCH AS BUT NOT LIMITED TO PHOTOGRAPHIC CAMERA TO CAPTURE PHOTO BY THE COMPUTER SCREEN, FINALLY, ANY WAY TO CORRUPT THE VIDEO OF ANY COURSE OR ITS CONTENTS. THE USER WHO WILL NOT OBSERVE AND/OR NOT COMPLY WITH SUCH RESTRICTION SHALL BE SUBJECT TO LEGAL PENALTIES IN CIVIL, CRIMINAL AND ADMINISTRATIVE SCOPE.
VII.5. The User shall not practice any act that shall be categorized as spam or shall have any advertising purpose for the User or third party. The violation of the present determinations shall obliged the offending party to pay the appropriate compensation.
VII.6. All Portal Namu Cursos trademarks, brand names, distinctive signs, web design, logos, tradedress, symbols, works and/or intellectual creations of any kind present in Portal Namu Cursos Website, including their own brand and name, are owned by their rightful owners and Portal Namu Cursos as well. To use any of these marks, names and signs, the respective holder’s authorization shall be required.
VII.7. The User shall not access, not even to attempt to access, any Course, service or environment by any means other than through the interface provided by Portal Namu Cursos, including automated means, unless by Portal Namu Cursos previously written authorization. It also becomes expressly forbidden to the User:
- To participate in any process or activity that interferes with or disrupts the Services, Servers and networks also connected to Portal Namu Cursos or present on the Website;
- To reproduce, duplicate, copy, sell, trade or resell any Courses of Portal Namu Cursos, unless by a Portal Namu Cursos previous written authorization or present on the Website; and
- To assign, disclose, pass along or share his/her login and password to third party in order to access these purchase Course. The purchase and access to the Course are individual and nontransferable. In case of non-compliance verification, the User will have his/her account automatically terminate without any compensation.
(i) personal data: full name, address, telephone number and email address of the claimant;
(ii) specification of the occurred alleged illicit activity on the Website and, in particular, in the case of alleged copyright infringement, precise and complete indication of the protected and supposedly violated content, and its owner as well;
(iii) facts or circumstances that reveal the illicit nature of such activity;
(iv) in the case of misuse of intellectual creations or any rights usurpation, to send an express and clear statement that the content use has been implemented without the consent of the intellectual property rights holder allegedly infringed, where applicable; and
(v) express declaration, clear and under the claimant responsibility that the contained information in the communication is correct and accurate and, where applicable, that the specified files content use constitutes a violation of intellectual property rights.
VIII.2. FOR THE ABOVE COMPLAINT PURPOSES, PORTAL NAMU CURSOS DECLARES NOT TO DISCLOSE THE USER OR THE COMPLAINANT THIRD PARTY PERSONAL DATA, ENSURING CONFIDENTIALITY TO HIS/HER PERSONAL IDENTIFICATION, EXCEPT WHEN THESE SHALL BE REQUESTED BY ANY JUDICIAL REQUEST.
VIII.3. Once received such communication, Portal Namu Cursos, at their sole discretion and without notice, reserves the right to remove the Website allegedly offender Content.
VIII.4. NOTWITHSTANDING THE COMMUNICATION RECEIPT, IN THE ABOVE TERMS, PORTAL NAMU CURSOS SHALL NOT BE RESPONSIBLE FOR IT, EVEN IF AN ALLEGED ERROR OR INFRINGEMENT SHOULD BE ADVISED. THUS, PORTAL NAMU CURSOS SHALL BE EXCLUDED OF ANY AND ALL RESPONSIBILITY FOR CONDUCTS OR CONTENTS ON THE WEBSITE. PORTAL NAMU CURSOS MAKE AVAILABLE COMPLAINT MEANS BY WHICH ABUSE AND RIGHTS VIOLATIONS SHALL BE REPORTED, IN THE ABOVE DEFINED TERMS. EACH USER SHALL BE FULLY, THE SOLE AND EXCLUSIVE RESPONSIBLE FOR THE ADED CONTENT TO THE WEBSITE, AND FOR HIS/HER CONDUCT ON PORTAL NAMU CURSOS .
- OTHER PROVISIONS
IX.1. This instrument is the sole and entire agreement between Portal Namu Cursos and Users, requiring and benefiting themselves and their successors on any account whatsoever.
IX.2. Portal Namu Cursos shall not be responsible either for text, audio and videos posted on the Website, nor for their accuracy and legal authenticity, nor for the effectiveness of any search system inserted in Portal Namu Cursos.
IX.3. The failure or the exercise delay, by Portal Namu Cursos, of any right, appeal, action or privilege stated herein shall not be construed a waiver or novation to them.
IX.4. The single or partial exercise of any right, appeal, action or privilege stated herein shall not preclude any subsequent exercise of Portal Namu Cursos or the exercise of any other right, appeal, action or privilege granted to Portal Namu Cursos.
IX.5. The prohibition, invalidity or unenforceability of any provision hereof shall not prejudice or affect this device as a whole, and shall remain in force all other provisions hereof which shall not be affected by the prohibition, invalidity or unenforceability of the inoperative clause. The inapplicability of any of these provisions other than the Brazilian legislation shall authorize, Portal Namu Cursos shall apply the local legislation that is more favorable to the case, at their sole discretion.
IX.6. Users shall not assign or transfer to any third party all or part of his/her rights and obligations arising from this instrument. Portal Namu Cursos shall assign and transfer to any third party all or part of their rights and obligations arising from this instrument.
IX.7. The availability of Portal Namu Cursos Website shall be untimed and Portal Namu Cursos reserves the right to terminate, suspend or unilaterally to interrupt and at any time, without notice or later, the Website availability or their entire transformation and modification, including their domain modification, without any restriction. Moreover, as the licensing rules applicable to contributions to the Website, all Content available on the Portal Namu Cursos shall remain published even after the User termination, who will remain responsible for his/her publication content as well as for any rights violations arising from the Content, even if he/she has been disconnected from the Website. As the above, Portal Namu Cursos also reserves the right to cancel and block any User registration at any time, at their sole discretion, without prior or subsequent notice, or to remove, relocate or modify any Content at any time and without prior or subsequent notice.
IX.8. Failure to exercise or delay in exercising, by Portal NAMU, any right, appeal, action or privilege provided herein should not be construed as a waiver or novation of such rights.
IX.9. The single or partial exercise of any right, appeal, action or privilege provided herein will not preclude any subsequent exercise of Portal Namu Cursos or the exercise of any other right, appeal, action or privilege granted to Portal Namu Cursos.
IX.10. The prohibition, invalidity or unenforceability of any provision hereof shall not prejudice or affect this device as a whole, and shall remain in force all other provisions hereof which shall not be affected by the prohibition, invalidity or unenforceability of the inoperative clause. The inapplicability of any of these provisions other than the Brazilian legislation shall authorize, Portal Namu Cursos shall apply the local legislation that is more favorable to the case, at their sole discretion.
IX.12. All Users and/or Website Visitors notices shall be made solely through the contact channel with the website administration team through the e-mail: email@example.com .
X.11. It becomes elected the district of São Paulo forum, State of São Paulo, as the sole jurisdiction to resolve any disputes arising from this instrument, regardless of any other as privileged as it should or shall be.
1 – DEFINITIONS
- i) Cookies: Files sent from the website server to the visitor’s computer, in order to identify the computer and to collect data access, as browsed pages or clicked links, allowing, thus to personalize the visitor Website browsing, according to his/her profile, or protect information required by the applicable Brazilian law.
- ii) IP: Internet Protocol Abbreviation. It is a set of numbers that identifies the User and/or Visitor computer Internet connection.
iii) Logs: User and/or Visitor activity logs conducted on the Website.
- v) Website: designates the Internet address http://www.namucursos.com.br and/or http://www.cursos.namu.com.br and their sub-pages as well as any and all websites possibly related to them.
- vi) User: Any person registered on the Website.
vii) Visitor: Any person who browses over the Website.
2 – ACQUISITION OF DATA AND INFORMATION
2.1. The data and information will be collected when the User and/or Visitor:
- ii) For Visitors – Interacting with the various existing features on the website, providing information voluntarily; or through the communication channels contact available on the Website.
3 – DATA AND INFORMATION STORAGE
3.1. All data and information collected from Users and/or Visitors will be incorporated into the NAMU Portal database, under the responsibility of AULIS EDITORAÇÃO, COMUNICAÇÃO E PRODUÇÃO AUDIOVISUAL (“PORTAL NAMU”), legal entity of private law with headquarters at Rua Fradique Coutinho, 1395, Casa 2, Bairro Pinheiros, CEP: 05416-011, in the City of São Paulo, State of São Paulo, enrolled with the CNPJ under No. 15822242/0001-38.
3.2. The collected data and information will be stored in a safe environment, observing the state of the available technology, and shall only be accessed by Portal NAMU qualified and authorized persons.
3.3. Whereas no security system is absolutely safe, Portal NAMU disclaims any responsibility for any damages and/or losses resulting from failures, viruses or intrusions at the PORTAL database, except in cases of Portal NAMU fraud or exclusive fault proven.
3.4.1 Should your national legislation or international treaties determine differentiated and specific treatment considered sensitive personal data that are not covered by Brazilian law, you hereby acknowledge and states that will not provide such data to use the Website or relationship with Portal NAMU. This data shall include, without limitation, document number, credit cards, residential address, and others as determined by your local legislation. Should your local laws prohibit the storage and collection of IP data, access logs and registration data, you hereby acknowledge and disclaims using in any way the Website, exempting Portal NAMU of any responsibility if you do so.
4 – INFORMATION AND DATA USE
4.1. The data and information collected from Users and/or Visitors shall be used for the following purposes:
- i) Answering any questions and requests from the User or Visitor;
- ii) Compliance with legal or judicial order;
iii) Constitution, defense or regular exercise of rights in judicial or administrative proceedings;
- iv) General statistics preparation for Users and Visitors profile identification;
- v) User and/or Visitor security guarantee;
- vi) Users and/or Visitors entry update for purposes of phone contact, e-mail, SMS, direct-mail or other media;
vii) To provide information regarding Portal NAMU and their commercial partners news, promotions and events.
4.2. Such information is confidential and will only be used to profile who browses the Website except in situations where Portal NAMU is required by Brazilian law or court decision to provide them. Unless prohibited by legal or court decision, the Website will contact the User through his/her registration, so it is very important to keep information always updated. Portal NAMU will not disclose any personal data to third party without the User express authorization, unless for a legal determination based on Brazilian law and/or court order.
4.3. Declare Users and/or Visitors themselves aware that Portal NAMU shall not use their personal data to supply third party databases, commercially or not.
4.4. Portal NAMU shall share Users and/or Visitors information with companies, organizations or individuals who are not integral parts of Portal NAMU, should Portal NAMU deem at their sole discretion that the access, use, preservation or disclosure of such information is reasonably necessary to:
- i) Meet Brazilian legal requirements, should they be disposed on any law, regulation, legal process or governmental request.
iii) Detect, prevent, or otherwise to address fraud suspicions, security failure or technical issues.
- iv) Protect Portal NAMU, Website, Users and Visitors from rights, property or safety violation within the limits required or permitted by Brazilian law or, at the Portal NAMU sole discretion, the foreign law applicable to the case.
5 – ACTIVITIES REGISTRATION
5.1. Portal NAMU will record all activities performed by the User and/or Visitor on the Website through logs, including:
- i) User and/or Visitor IP address;
- ii) Actions conducted by the User and/or Visitor on the Website;
iii) Pages accessed by the User and/or Visitor;
- iv) Dates and times of each action and access to every page of the website;
- v) User and/or Visitor Session.
5.2. The records mentioned in section 5.1 shall be used by Portal NAMU in fraud investigation cases or undue modifications to their systems and records, as well as those made available to third party in the foreseen cases and within the limits established by Brazilian law.
6 – COOKIES
6.1. The Website shall make use of Portal NAMU and/or third party cookies, which fits to the visitor to configure his/her Internet browser, in case he/she wants to block them. On this assumption, certain Website features shall be limited.
7 – GENERAL DISPOSITIONS
7.3 The failure to exercise or delay in exercising, at Portal NAMU, any right, appeal, action or privilege provided herein should not be construed as a waiver or novation of such rights.
7.4 The single or partial exercise of any right, appeal, action or privilege provided herein will not preclude any subsequent exercise of Portal NAMU or the exercise of any other right, appeal, action or privilege granted to Portal NAMU.
7.5 The prohibition, invalidity or unenforceability of any provision hereof shall not prejudice or affect the device as a whole, and shall remain in force all other provisions hereof which are not affected by the prohibition, invalidity or unenforceability of the inoperative clause. The inapplicability of any of these provisions other than the Brazilian legislation shall authorize, Portal NAMU shall apply the applicable local legislation that is more favorable to the case, at their sole discretion.
8 – APPLICABLE LAW AND JURISDICTION
8.2. It becomes elected the district of São Paulo forum, State of São Paulo, as the sole jurisdiction to resolve any disputes arising from this instrument, regardless of any other as privileged as it should or shall be.