TERMS OF USE
Last updated October 07, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Instituto Estrela Universal, doing business as IEUNI (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company registered in Brazil at Sítio Alto da Paz R. Antonio Felix, SN Riacho Doce – Maceió – AL , Maceió , Alagoas Cep: 57.039-460.
We operate the website ieuni.org (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).
The Instituto Estrela Universal (NGO) promotes Amazon rainforest preservation through natural reserve creation strategy, ecotourism, bioeconomy practices and community education.
You can contact us by email at contact@institutoestrelauniversal.org or by mail to Sítio Alto da Paz R. Antonio Felix, SN Riacho Doce – Maceió – AL , Maceió , Alagoas Cep: 57.039-460, Brazil.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and Instituto Estrela Universal, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENCE
7. THIRD-PARTY WEBSITES AND CONTENT
8. SERVICES MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation orwhich would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
The Services are not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use the Services. You maynot use the Services in a way that would violate the Gramm-Leach-BlileyAct (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in ourServices, including all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics in theServices (collectively, the ‘Content’), as well as the trademarks, servicemarks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws(and various other intellectual property rights and unfair competition laws)and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ foryour personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the’PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive,non-transferable, revocable licence to:
access the Services; and
download or print a copy of any portion of the Content to which youhave properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without our express prior writtenpermission.
If you wish to make any use of the Services, Content, or Marks other thanas set out in this section or elsewhere in our Legal Terms, please addressyour request to: contact@institutoestrelauniversal.org. If we ever grant youthe permission to post, reproduce, or publicly display any part of ourServices or Content, you must identify us as the owners or licensors of theServices, Content, or Marks and ensure that any copyright or proprietarynotice appears or is visible on posting, reproducing, or displaying ourContent.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminateimmediately.
Your submissions
Please review this section and the ‘PROHIBITED ACTIVITIES‘ sectioncarefully prior to using our Services to understand the (a) rights you give usand (b) obligations you have when you post or upload any content throughthe Services.
Submissions: By directly sending us any question, comment, suggestion,idea, feedback, or other information about the Services (‘Submissions’),you agree to assign to us all intellectual property rights in such Submission.You agree that we shall own this Submission and be entitled to itsunrestricted use and dissemination for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending usSubmissions through any part of the Services you:
confirm that you have read and agree with our ‘PROHIBITEDACTIVITIES‘ and will not post, send, publish, upload, or transmitthrough the Services any Submission that is illegal, harassing,hateful, harmful, defamatory, obscene, bullying, abusive,discriminatory, threatening to any person or group, sexually explicit,false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moralrights to any such Submission;
warrant that any such Submission are original to you or that youhave the necessary rights and licences to submit such Submissionsand that you have full authority to grant us the above-mentionedrights in relation to your Submissions; and
warrant and represent that your Submissions do not constituteconfidential information.
You are solely responsible for your Submissions and you expressly agreeto reimburse us for any and all losses that we may suffer because of yourbreach of (a) this section, (b) any third party’s intellectual property rights, or(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have thelegal capacity and you agree to comply with these Legal Terms;
(2) you arenot a minor in the jurisdiction in which you reside
; (3) you will not accessthe Services through automated or non-human means, whether through abot, script or otherwise; (4) you will not use the Services for any illegal orunauthorised purpose; and (5) your use of the Services will not violate anyapplicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that forwhich we make the Services available. The Services may not be used in connection with any commercial endeavours except those that arespecifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services tocreate or compile, directly or indirectly, a collection, compilation,database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in anyattempt to learn sensitive account information such as userpasswords.
Circumvent, disable, or otherwise interfere with security-relatedfeatures of the Services, including features that prevent or restrictthe use or copying of any Content or enforce limitations on the useof the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or theServices.
Use any information obtained from the Services in order to harass,abuse, or harm another person.
Make improper use of our support services or submit false reports ofabuse or misconduct.
Use the Services in a manner inconsistent with any applicable lawsor regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,Trojan horses, or other material, including excessive use of capitalletters and spamming (continuous posting of repetitive text), thatinterferes with any party’s uninterrupted use and enjoyment of theServices or modifies, impairs, disrupts, alters, or interferes with theuse, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, orsimilar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from anyContent.
Attempt to impersonate another user or person or use the usernameof another user.
Upload or transmit (or attempt to upload or to transmit) any materialthat acts as a passive or active information collection or transmissionmechanism, including without limitation, clear graphics interchangeformats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as ‘spyware’ or ‘passive collectionmechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services orthe networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees oragents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed toprevent or restrict access to the Services, or any portion of theServices.
Copy or adapt the Services’ software, including but not limited toFlash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Services.
Except as may be the result of standard search engine or Internetbrowser usage, use, launch, develop, or distribute any automatedsystem, including without limitation, any spider, robot, cheat utility,scraper, or offline reader that accesses the Services, or use orlaunch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on theServices.
Make any unauthorised use of the Services, including collectingusernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us orotherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We mayprovide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or onthe Services, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information orother material (collectively, ‘Contributions’). Contributions may be viewableby other users of the Services and through third-party websites. As such,any Contributions you transmit may be treated in accordance with theServices’ Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences,rights, consents, releases, and permissions to use and to authoriseus, the Services, and other users of the Services to use yourContributions in any manner contemplated by the Services andthese Legal Terms.
You have the written consent, release, and/or permission of eachand every identifiable individual person in your Contributions to usethe name or likeness of each and every such identifiable individualperson to enable inclusion and use of your Contributions in anymanner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising,promotional materials, pyramid schemes, chain letters, spam, massmailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libellous, slanderous, or otherwise objectionable (asdetermined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, orabuse anyone.
Your Contributions are not used to harass or threaten (in the legalsense of those terms) any other person and to promote violenceagainst a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, orrule.
Your Contributions do not violate the privacy or publicity rights of anythird party.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, orphysical handicap.
Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Legal Terms, or any applicable law orregulation.
Any use of the Services in violation of the foregoing violates these LegalTerms and may result in, among other things, termination or suspension ofyour rights to use the Services.
6. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide following the terms of thePrivacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, youagree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are notliable for any statements or representations in your Contributions providedby you in any area on the Services. You are solely responsible for yourContributions to the Services and you expressly agree to exonerate usfrom any and all responsibility and to refrain from any legal action againstus regarding your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to otherwebsites (‘Third-Party Websites’) as well as articles, photographs, text,graphics, pictures, designs, music, sound, video, information, applications,software, and other content or items belonging to or originating from thirdparties (‘Third-Party Content’). Such Third-Party Websites and Third-PartyContent are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible forany Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services,including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites orthe Third-Party Content. Inclusion of, linking to, or permitting the use orinstallation of any Third-Party Websites or any Third-Party Content doesnot imply approval or endorsement thereof by us. If you decide to leave theServices and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware theseLegal Terms no longer govern. You should review the applicable terms andpolicies, including privacy and data gathering practices, of any website towhich you navigate from the Services or relating to any applications youuse or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies,and we take no responsibility whatsoever in relation to such purchaseswhich are exclusively between you and the applicable third party. Youagree and acknowledge that we do not endorse the products or servicesoffered on Third-Party Websites and you shall hold us blameless from anyharm caused by your purchase of such products or services. Additionally,you shall hold us blameless from any losses sustained by you or harmcaused to you relating to or resulting in any way from any Third-PartyContent or any contact with Third-Party Websites.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services forviolations of these Legal Terms; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Legal Terms,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologicallyfeasible) any of your Contributions or any portion thereof; (4) in our solediscretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in sizeor are in any way burdensome to our systems; and (5) otherwise managethe Services in a manner designed to protect our rights and property and tofacilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: ieuni.org/privacy-policy-2. By using the Services, you agree to bebound by our Privacy Policy, which is incorporated into these Legal Terms.Please be advised the Services are hosted in the United States. If youaccess the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure thatdiffer from applicable laws in the United States, then through yourcontinued use of the Services, you are transferring your data to the UnitedStates, and you expressly consent to have your data transferred to andprocessed in the United States.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use theServices. WITHOUT LIMITING ANY OTHER PROVISION OF THESELEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TOAND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION INTHE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.
If we terminate or suspend your account for any reason, you are prohibitedfrom registering and creating a new account under your name, a fake orborrowed name, or the name of any third party, even if you may be actingon behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Services.We will not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to performmaintenance related to the Services, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access oruse the Services during any downtime or discontinuance of the Services.Nothing in these Legal Terms will be construed to obligate us to maintainand support the Services or to supply any corrections, updates, or releasesin connection therewith.
12. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws ofBrazil. Instituto Estrela Universal and yourself irrevocably consent that thecourts of Brazil shall have exclusive jurisdiction to resolve any disputewhich may arise in connection with these Legal Terms.
13. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, orclaim related to these Legal Terms (each a ‘Dispute’ and collectively, the’Disputes’) brought by either you or us (individually, a ‘Party’ andcollectively, the ‘Parties’), the Parties agree to first attempt to negotiate anyDispute (except those Disputes expressly provided below) informally for atleast one hundred twenty (120) days before initiating arbitration. Suchinformal negotiations commence upon written notice from one Party to theother Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,including any question regarding its existence, validity, or termination, shallbe referred to and finally resolved by the International CommercialArbitration Court under the European Arbitration Chamber (Belgium,Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,as a result of referring to it, is considered as the part of this clause. Thenumber of arbitrators shall be one (1). The seat, or legal place, orarbitration shall be Maceio, AL, Brazil. The language of the proceedingsshall be Portugues. The governing law of these Legal Terms shall besubstantive law of Brazil.
Restrictions
The Parties agree that any arbitration shall be limited to the Disputebetween the Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or to utiliseclass action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf ofthe general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or unauthoriseduse; and (c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Partiesagree to submit to the personal jurisdiction of that court.
14. CORRECTIONS
There may be information on the Services that contains typographicalerrors, inaccuracies, or omissions, including descriptions, pricing,availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update theinformation on the Services at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE ATYOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESSOF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITESOR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ORFROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHTHE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OFTHE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNTPAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including oursubsidiaries, affiliates, and all of our respective officers, agents, partners,and employees, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by anythird party due to or arising out of:
(1) use of the Services; (2) breach ofthese Legal Terms; (3) any breach of your representations and warrantiesset forth in these Legal Terms; (4) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (5) any overtharmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defence and control of anymatter for which you are required to indemnify us, and you agree tocooperate, at your expense, with our defence of such claims. We will usereasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.
18. USER DATA
We will maintain certain data that you transmit to the Services for thepurpose of managing the performance of the Services, as well as datarelating to your use of the Services. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the Services. Youagree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures,and other communications we provide to you electronically, via email andon the Services, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, ANDTO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDSOF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact theComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on theServices or in respect to the Services constitute the entire agreement andunderstanding between you and us. Our failure to exercise or enforce anyright or provision of these Legal Terms shall not operate as a waiver ofsuch right or provision. These Legal Terms operate to the fullest extentpermissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provisionor part of the provision is deemed severable from these Legal Terms anddoes not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationshipcreated between you and us as a result of these Legal Terms or use of theServices. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all defencesyou may have based on the electronic form of these Legal Terms and thelack of signing by the parties hereto to execute these Legal Terms.
22. CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
Instituto Estrela Universal
Sítio Alto da Paz R. Antonio Felix, SN Riacho Doce – Maceió – AL
Maceió , Alagoas Cep: 57.039-460
Brazil
contact@institutoestrelauniversal.org
