TERMS OF SERVICE
EITV USA PLATFORM - TERMS OF SERVICE
1. THE EXPRESS CONSENT OF THE CONTRACTING PARTY TO THE PROCESSING OF PERSONAL DATA, IN STRICT ACCORDANCE WITH THE PROVISIONS OF ARTICLES 7, ITEM I, COMBINED WITH ARTICLE 8, § 1, OF FEDERAL LAW NO. 13.709, OF AUGUST 14, 2.018:
1.1. The CONTRACTING PARTY declares, for all purposes of fact and law, its express consent to the processing of personal data by the CONTRACTED PARTY, in accordance with the express provisions of articles 7, item I; and 8, §§ 1 and 3, of Federal Law No. 13,709, of August 14, 2018, without any defect of consent.
1.2. In strict accordance with the provisions of articles 8, § 4 and 9 of Federal Law No. 13.709 of August 14, 2018, the consent granted by the CONTRACTING PARTY to the CONTRACTED PARTY refers to the specific purposes: control of user access, whether they are logged in or not; and recording of history.
2. EXPRESS DECLARATION ON THE PART OF THE CONTRACTOR REGARDING COMPLIANCE WITH THE PROVISIONS OF ARTICLES 33 TO 36 OF FEDERAL LAW NO. 13.709, OF AUGUST 14, 2018, WITH REGARD TO THE INTERNATIONAL TRANSFER OF PERSONAL DATA:
2.1. The CONTRACTED PARTY expressly declares, for all purposes of fact and law, in the item on screen, full compliance with the provisions of articles 33 to 36, of Federal Law No. 13.709, of August 14, 2018, in what would refer to the international transfer of personal data; by full proof through all physical and electronic means admitted in law.
3. Acceptance
A. The EITV USA is software licensed by EiTV ENTRETENIMENTO E INTERATIVIDADE PARA TV DIGITAL COM.SERV.PROD.INF.LTDA., CNPJ: 07.255.679/0001-09, full address: Rua Rafael Andrade Duarte, 600, Conj. 61, Jardim Paraíso - Campinas/SP, CEP: 13.100-011, which from this point on we will refer to as “SOFTWARE”. The company EiTV ENTRETENIMENTO E INTERATIVIDADE PARA TV DIGITAL COM.SERV.PROD.INF.LTDA. is referred to as CONTRACTOR in these terms.
B. By using the “SOFTWARE” or any products derived from it, such as applications, web sites, programs, data supply and services provided to You from or through the “SOFTWARE” software. You agree to these terms and conditions (“Terms of Service”). If You do not agree to any of these Terms of Service You should not use the “SOFTWARE”.
C. Although we endeavor to notify You whenever important changes are made to these Terms of Service, You should periodically re-read the most current version of the Terms of Service on the “SOFTWARE” applications and web sites. The “SOFTWARE” may, in its sole discretion, modify or revise these Terms of Service and its policies at any time, and You agree to comply with any such modifications or revisions. Nothing in these Terms of Service shall be deemed to grant any rights or benefits to any third party.
D. It is important to know that the content of the “SOFTWARE” is controlled and offered by the EITV TRAINING Service (https://eitvtraining.eitvcloud.com), which from this point on will be referred to as the “SERVICE”. The CONTRACTOR does not guarantee that the content of the “SERVICE” is appropriate or available for use in locations other than Brazil. Persons accessing or using the “SOFTWARE” from other jurisdictions do so on their own account and are responsible for compliance with regional/national laws.
E. As to capacity to accept the Terms of Service, You affirm that You are over 18 years of age or an emancipated minor, or in possession of legal authorization from a parent or guardian, and fully capable of consenting to the terms, conditions, obligations, affirmations, representations and warranties described in these Terms of Service, and obeying and complying with them. In any event, You affirm that You are over the age of 18, as the “SOFTWARE” is not designed for young people under the age of 18. If You are under 18, You should not use the “SOFTWARE”. You should talk to your parents about which applications and websites are appropriate for you.
4. The Service
A. These Terms of Service apply to all users of the “SOFTWARE”, including users who also contribute content to the “SOFTWARE”. “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials that You may view, have access to, or contribute to the ‘SERVICE’. The “SERVICE” includes all aspects of the “SOFTWARE”, including but not limited to all products, applications, web sites, programs and services offered through the “SERVICE”.
B. The “SOFTWARE” and “SERVICE” may contain links to and embedded content from third party websites that are not owned or controlled by the “SOFTWARE” and “SERVICE”. The “SOFTWARE” and “SERVICE” have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the “SOFTWARE” and “SERVICE” cannot and will not censor or edit the content of any third-party site. By using the “SOFTWARE” and “SERVICE”, You expressly relieve the “SOFTWARE” and “SERVICE” from any and all liability arising from Your use of any third party website.
C. Accordingly, We advise You, when using the “SOFTWARE” and “SERVICE”, to read the terms and conditions and privacy policy of all other websites You visit.
5. SOFTWARE accounts
A. In order to access some of the contents of the “SERVICE”, You will have to create an account on the “SOFTWARE”. You may never use another user's account without permission. When creating your account, You must provide accurate and complete data. You are solely responsible for the activity that takes place on Your account, and You must keep Your account password in a safe place. You must notify the SERVICE immediately of any breach of security or unauthorized use of Your account.
B. Although the SERVICE PROVIDER shall not be liable for any loss caused to You by any unauthorized use of Your account, You may be liable for losses of the SOFTWARE or others arising out of such unauthorized use.
6. General Use of the Service - Permissions and Restrictions
Grantee hereby grants You permission to access and use the “SERVICE” as described in these Terms of Service:
A. You agree not to distribute to/by any means any part of the “SERVICE” or the Content without the prior written authorization of the “CONTRACTOR”, unless the “SOFTWARE” makes the means of distribution available through functionalities offered by the “SERVICE” (such as “Embeddable Player”).
B. You agree not to alter or modify any part of the “SERVICE”.
C. You agree not to access the Content through any technology or means other than the video display pages of the “SERVICE” itself, the “Embeddable Player” or such other expressly authorized means as the “SOFTWARE” may indicate.
D. You agree not to use the “SERVICE” for any of the following commercial uses unless you obtain the prior written approval of the CONTRACTOR:
- the sale of access to the “SERVICE”;
- the sale of advertising, sponsorships or promotions linking to the “SERVICE” or the “SOFTWARE”; or
- the sale of advertising, sponsorships or promotions on any ad enabled blog page or site containing Content delivered through the “SERVICE”, unless other materials not obtained from the “SOFTWARE” appear on the same page and are of sufficient value to be the basis of such sales.
E. Prohibited commercial uses do not include:
- Submitting an original video on the “SERVICE” or maintaining an original instance on the “SERVICE” to promote your business or artistic endeavor, and
- Showing videos from the “SERVICE” via “Embeddable Player” on an ad enabled blog or website, notwithstanding the restrictions on advertising set forth in Section 6.D;
or
- Any uses that the “SOFTWARE” or the “SERVICE” expressly authorizes in writing.
F. If You use the “SERVICE” Embeddable Player on Your website, You may not modify, extend or block any part or functionality of the Embeddable Player, including but not limited to the link to the “SERVICE” website.
G. You agree not to use or launch any automated system, including but not limited to “robots,” “spiders” or “offline readers,” that accesses the “SERVICE” in a manner that sends more request messages to the “SOFTWARE” servers in a given period of time than it is humanly possible to respond to in the same period of time through a conventional browser. Notwithstanding the foregoing, the “SERVICE” grants permission to operators of public search engines to use spiders to copy materials from the web site for the sole purpose of, and solely to the extent necessary for, creating and making available public indexes of searchable materials, but not caches or archives of such materials. The SERVICE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal information, including “SOFTWARE” account names, or use the communication systems provided by the “SOFTWARE” (e.g. comments, e-mail) for commercial solicitation purposes.
H. When using the “SOFTWARE” and the “SERVICE”, You shall comply with all applicable laws and regulations, whether regional, national or international.
I. The “SOFTWARE” reserves the right to discontinue any aspect of the “SERVICE” at any time.
7. Use of Content
In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to the use of the Content.
A. The Content of the “SERVICE” and the trademarks, service marks and logos (“Marks”) made available on the “SERVICE”, are licensed to the “SOFTWARE”, subject to copyright and other intellectual property rights under the law.
B. The Content is offered to You AS IS. You may access the Content for Your information and personal use solely within the functionality provided by the “SOFTWARE” and as permitted in these Terms of Service. You may not download any Content unless you see a “download” or similar link displayed by the “SOFTWARE” to that Content. You may not copy, reproduce, distribute, transmit, display, sell, license or exploit any Content for any other purpose without the prior written consent of the SOFTWARE or the licensors of the Content. The “SOFTWARE” and its licensors reserve all rights not expressly granted in the “SERVICE” and to the Content.
C. You agree not to circumvent, disable or in any way interfere with security-related features of the “SERVICE” or features that prevent or restrict the use or copying of any Content or impose limitations on the use of the “SERVICE” or its Content.
D. You understand that by using the “SERVICE”, you will be exposed to Content from a variety of sources, and that the “SOFTWARE” is not responsible for the accuracy, usefulness, safety, or intellectual property of or relating to such Content. You understand and agree that You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, as You do in fact waive, any present or future legal or equitable right or claim against the “SERVICE” with respect to such matters and, to the fullest extent permitted by law, agree to indemnify and hold harmless the “SERVICE”, its Owners, Operators, affiliates, licensors and licensees, to the fullest extent permitted by law, with respect to all matters relating to the use of the “SOFTWARE” and the “SERVICE”.
8. Your Content and Conduct
A. As a “SOFTWARE” account holder, You may submit Content to the “SERVICE”, including videos and user comments. You understand that the “SOFTWARE” and the “SERVICE” do not guarantee the confidentiality of any Content You submit.
B. You are solely responsible for Your Content and the consequences of submitting or posting it. You affirm, represent and warrant that You own or have the necessary licenses, rights, authorizations and permissions to publish the Content You submit, and You authorize the “SOFTWARE” and the “SERVICE” to use all patents, trademarks, trade secrets, copyrights or other proprietary rights and such Content for publication on the “SERVICE” in accordance with these Terms of Services.
C. . For clarification purposes, You retain all ownership rights to Your Content. However, by submitting Content to the “SOFTWARE” and the “SERVICE”, You hereby grant to the “SOFTWARE” and the “SERVICE” a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the “SOFTWARE” and the “SERVICE”, including but not limited to promotional activities and partial or total redistribution of the Content (and derivative works) in any media format and through any media channel. You also grant to all users of the “SOFTWARE” and the “SERVICE” a non-exclusive license to access Your Content through the “SOFTWARE” and the “SERVICE”, and to use, reproduce, distribute, display and perform such Content as permitted by the functionalities of the “SOFTWARE” and the “SERVICE” and in accordance with these Terms of Service. The foregoing licenses granted by You with respect to Content You submit to the “SOFTWARE” and the “SERVICE” will terminate within a commercially reasonable time after removal or deletion of the Content from the “SOFTWARE” and the “SERVICE”. The foregoing licenses granted by You with respect to User Comments You submit are permanent and irrevocable.
D. You represent that You will not submit material protected by copyright, trade secret or otherwise protected by third party rights, unless You have permission from the rightful owner of the material or unless You are legally authorized to publish the material and assign to the SOFTWARE and the SERVICE all license rights granted herein.
E. Additionally, You also agree that You will not submit to the “SOFTWARE” and the “SERVICE” any Content or other material that is contrary to the guidelines of this Terms of Service as may be updated from time to time, or that is contrary to local, national or international laws and regulations.
F. You do not endorse any Content submitted to the “SOFTWARE” and the “SERVICE” by any user or licensor or any opinion, recommendation or advice expressed therein, and you expressly disclaim any and all liability in connection with such Content. You agree not to permit activities that infringe the copyrights or intellectual property rights in the “SOFTWARE” and the “SERVICE”, and you will remove all Content when properly notified that such Content infringes the intellectual property rights of any other person. You reserve the right to remove Content without notice.
9. Account Cancellation Policy
A. A. CONTRACTED PARTY shall terminate the User's access to the “SOFTWARE” and the “SERVICE” if, under appropriate circumstances, the User proves to be a repeat infringer. A repeat infringer is a User who has been notified of their infringing activity more than twice.
B. You reserve the right to decide whether Content is appropriate and complies with these Terms of Service with respect to infringements other than infringements or violations of copyright laws, such as, but not limited to, pornography, obscene or defamatory material, (including defamation, libel or slander), or excessively long. Locaweb may at any time, without notice and in its sole discretion, remove such Content and/or terminate a User's account for submitting such materials in violation of the Terms of Service.
10. Digital Authorship Millennium Act
A. A. If You are a copyright holder or a representative of a copyright holder and You believe that any Content infringes Your copyright, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Contractor with the following information in writing:
- Physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
- Identification of the copyrighted work allegedly infringed, or if multiple copyrighted works on a single online site are included in a single notification, submit a representative list of such works on that site;
- Identification of the allegedly infringing material or object of infringing activity that is to be removed, or access to which is to be disabled, with information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as address, telephone number and, if possible, e-mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright holder, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of law, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You can send notices of infringement to atendimento@eitv.com.br. For purposes of clarification, only DMCA infringement notices should be sent to atendimento@eitv.com.br; any other suggestions, comments, requests for technical support and other matters should be sent to CONTRACTOR's customer service at atendimento@eitv.com.br. You acknowledge that, in the event you fail to comply with all of the requirements described in this Section 8(A), your DMCA and/or other applicable laws information may not be accepted.
B. Counter-Notification. If You believe that Your Content has been removed (or access to which has been disabled) does not constitute infringement, or that You have authorization from the copyright holder, the holder's agent, or under the law to submit and use the Content, You may send a counter-notification to atendimento@eitv.com.br containing the following information:
- Physical or electronic signature;
- Identification of the Content that has been removed or access to which has been disabled and the location where the Content appeared before it was removed or disabled;
- Statement that You have a good faith belief that the Content was removed or disabled as a result of misunderstanding or misinterpretation of the Content; and
- Name, address, telephone number and e-mail address, a statement that You submit to the applicable jurisdiction, and a statement that You will receive service of process from the person who submitted the notice of alleged infringement.
If “PROVIDER” receives a counter-notification, “PROVIDER” may send a copy of the counter-notification to the original complainant stating that the removed Content may be placed back on the “SERVICE” or its access reactivated within 10 business days. If the copyright holder does not file an action seeking a court order against the service provider, member or user, the removed Content may be reinstated, or access restored, 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of “CONTRACTED”.
11. Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, TO THE EXTENT PERMITTED BY LAW. THE CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES DISCLAIM ANY LIABILITY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND THE SERVICE AND YOUR USE THEREOF. CONTRACTOR DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SOFTWARE OR THE CONTENT OF ANY SITE LINKED TO THE SERVICE, AND ASSUMES NO OBLIGATION OR LIABILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE AND THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PROTECTED SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO AND FROM THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF ANY CONTENT OR E-MAIL SENT, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE “SOFTWARE” AND THE “SERVICE”. CONTRACTOR DOES NOT WARRANT, ENDORSE, DEFEND OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “SOFTWARE”, THE “SERVICE” OR ANY HYPERLINK OF THE “SOFTWARE” AND “SERVICE”, OR DISPLAYED IN ANY BANNER OR OTHER ADVERTISING, AND CONTRACTOR WILL NOT PARTICIPATE IN OR BE RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE COMMON SENSE AND EXERCISE CAUTION WHENEVER NECESSARY.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PROTECTED SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE AND SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE AND THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF ANY CONTENT OR E-MAIL SENT, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWARE AND THE SERVICE, WHETHER IN LIABILITY, CONTRACT, TORT OR OTHERWISE AT LAW, AND REGARDLESS OF WHETHER THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE CONTRACTOR SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF LOSS OR DAMAGE RESULTING THEREFROM RESTS ENTIRELY WITH YOU.
13. Compensation
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Contractor, its parent, officers, directors, employees and representatives from and against any and all claims, damages, liabilities, losses, costs or debt (including but not limited to attorneys' fees) arising out of: (I) use of and access to the Service; (II) violation of any provision of these Terms of Service; (III) violation of any third party right, including but not limited to copyright, property or privacy rights; or (IV) any claim that any Content has caused injury to a third party. Such defense and indemnification obligation shall survive these Terms of Service and your use of the “SOFTWARE” and the “SERVICE”.
14. Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by You, but may be transferred by You without restriction.
15. General Provisions
You agree that: (I) the location of the “SERVICE” shall be deemed to be exclusively that located at the address of the CONTRACTOR; and (II) the “SOFTWARE” shall be deemed to be passive software that does not give rise to personal jurisdiction over the CONTRACTOR, either specific or general, in any forum other than that of the CONTRACTOR. These Terms of Service shall be governed by the internal laws of Locaweb, without regard to principles of conflicts of law. Any claim or dispute between You and the “SERVICE” arising in whole or in part from the “SERVICE” shall be settled exclusively by a court of competent jurisdiction. These Terms of Service and any other legal notices published by you on the “SOFTWARE” and the “SERVICE” constitute the entire agreement between you and us in relation to the “SERVICE”. If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The waiver of any term of these Terms of Service shall not be deemed a further or continuing waiver of that or any other term, and the failure of you to enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to change these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of the “SOFTWARE” and the “SERVICE” following any amendment to the Terms of Service will imply Your consent to and acceptance of the amended terms. YOU AND CONTRACTOR AGREE THAT ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE “SOFTWARE” AND “SERVICE” MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE RIGHT WILL BE TIME-BARRED.
16. YouTube
Some content incorporated into the “SOFTWARE” may come from YouTube (https://www.youtube.com). In such cases, by viewing these videos, the user agrees by extension to YouTube's Terms of Service, which can be accessed via the link https://www.youtube.com/t/terms. In addition to the information you provide when registering for the “SOFTWARE”, only the IP address will be collected and stored. No user data associated with the YouTube account is collected for use in the “SOFTWARE”.
Date: January 29, 2025