The mission of the Personal CO2 Zero® is to offer Internet services and sustainable actions, to calculate, change, reduce and offset individual CO2 emissions, with unique benefits.
B. Scope and Intent.
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement.
You will have to comply with all laws applicable to the Contract as it may be amended from time to time with or without notice, and with policies and procedures explained in the following statements:
What to do and not do;
Complaints about the content posted on the website of the Personal CO2 Zero®, and
B. License and warranty for their content presented to the Personal CO2 Zero®.
In accordance with this Agreement, you are the owner of the Information you provide to Personal CO2 Zero®, and may request that these be deleted at any time, unless you have shared information or content with others, and they have not excluded or if the information was copied or stored by other users.
In addition, you grant to Personal CO2 Zero® a nonexclusive, irrevocable, worldwide, perpetual, unrestricted, transferable, sub licensable, fully paid and royalty-free to copy, prepare derivative works, improve, distribute, publish, delete, save, add , process, analyze, use and commercialize, in any manner now known or discovered in the future, any information provided by you, directly or indirectly, to the Personal CO2 Zero®, including, among others, any user-generated content, ideas, concepts, techniques or data related to the services you provide the Personal CO2 Zero®, without any further consent, notice and / or compensation to you or to any third party. Information submitted by you to us will be at your own risk of loss, as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you have the right to submit such information and that they are accurate, non-confidential and do not violate any contractual restriction or other rights of third parties. It is your responsibility to keep your profile information of Personal CO2 Zero® and accurate.
C. Eligibility for the Service.
To be eligible to use the Service, you must meet the following criteria and you represent and warrant that: (a) that has 18 or more years, (2) is not currently restricted the Services or otherwise, is not prohibited from having an account in the Personal CO2 Zero®, (3) is not a competitor of Personal CO2 Zero®, nor is using the Services for reasons associated with competition with the Personal CO2 Zero®, (4) maintain only one account in Personal CO2 Zero® given time, (5) has full power and authority to enter into this Agreement and, in doing so, will not violate any other agreement to which you are a part, (6) violate any law Personal CO2 Zero®, including the rights of intellectual property rights such as copyright or trademarks, and (7) agrees to provide, at its expense, all equipment, software and Internet access required to use the Services.
D. Credentials Registry.
You agree to (a) keep your password secure and confidential, (2) not to allow others to use your account, (3) not use the account to other users, (4) does not sell, trade or, otherwise transfer your account in Personal CO2 Zero® to another party, and (5) not to charge anyone for access to any part of the Personal CO2 Zero®, or any information contained therein. In addition, you will be responsible for anything that happens through your account until you quit or prove that the security of your account has been compromised for reasons other than their own fault. To close your account, visit the CAS Service at Personal CO2 Zero® website.
You will indemnify and keep us free from all damages, losses and costs (including, without limitation, reasonable attorneys' fees and expenses) related to all third party claims, charges and investigations caused by (1) non-compliance with this Agreement including, among others, to post content that violates third party rights or applicable law, (2) for any content submitted by you to the Services, and (3) for any activity you engage in or through the Personal CO2 Zero®.
If you buy any paid services offered by us for a fee, either of a single parcel or on a signature, you agree with the fact that Personal CO2 Zero®, if necessary, store the information of your payment card. You also agree to reimburse us for all costs of collection and interest on any amounts due and unpaid. Your obligation to pay fees will continue until the date you cancel your subscription, if this is the business model employed. No fee or charge is refundable and no refunds or credits for partially used periods
G.Notification to Personal CO2 Zero® of acts contrary to the Contract.
If you believe you have the right or is required to act in contradiction to this Agreement due to any mandatory law, you agree to submit in writing a detailed explanation and evidence of their motives at least 30 days before acting in contradiction to that can assess whether we, in our sole discretion, provide an alternative resource for the situation, although we have no obligation to do so.
H. Delivery of messages and warnings.
For the purposes of delivering warnings and messages about the Services to you, the notice will consist of an e-mail Personal CO2 Zero® sent to an e-mail address associated with your account, even if we have other contact information. You also agree that Personal CO2 Zero® can communicate with you through your account on Personal CO2 Zero® or other means, including email, mobile number, telephone number or delivery services or services related to Personal CO2 Zero®. You acknowledge and agree that we will have no liability related or due to the fact you do not keep contact information or any other specific information, including, among others, the non-receipt by you of essential information on the Service.
I. Mobile Services.
Personal CO2 Zero® may offer services through mobile applications created by it or on third-party developers (the "Developer Platform"). If you use the Services through a mobile device, you agree that information about your use of the Services via your mobile device and carrier may be communicated to us, including, among others, to your carrier or your mobile device their physical location.
Furthermore, the use of the Services through a mobile device can cause data to be displayed in and through your mobile device. By accessing the services using a mobile device, you agree to the extent that import any of your data contained in the Personal CO2 Zero® for your mobile device, have the authority to share the data transferred to your carrier or ISP.
If you change or turn off your mobile account, you must immediately update your account information in the Personal CO2 Zero® to ensure that their messages are not sent to the person purchasing your old number, and failure to do so is responsibility. You acknowledge being responsible for all fees and necessary permissions related to access to Personal CO2 Zero® through your mobile service provider. So, you should check with your provider to see if the services are available and the terms of these services for their specific mobile devices.
Finally, when using any application that can be downloaded to allow use of the Services, you expressly confirms your acceptance of the terms of the End User License associated with the application provided on the download or installation, or as may be updated from time to time.
J. User to User Communication and Sharing (Groups of Personal CO2 Zero®, Answers, Updates, etc.)..
Personal CO2 Zero® can offer services where you can post your observations and comments on the topics covered. Personal CO2 Zero® also allows the exchange of information allowing users to post updates, including links to new articles and other information from your profile. The ideas that you disclose and information sharing can be viewed and used by other Users and Personal CO2 Zero® cannot guarantee that other users will not use the ideas and information you share on Personal CO2 Zero®. For this reason, if you have an idea or information you'd like to keep confidential and / or do not want others to use, or being subject to rights of third parties that may be infringed by sharing them, do not post on any groups or nowhere else in the Personal CO2 Zero®. PERSONAL CO2 ZERO® IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION BY A USER OF ANY INFORMATION OR CONTENT POSTED BY YOU IN ANY OF THE SERVICES AVAILABLE FOR PERSONAL CO2ZERO.
L. Export Control.
You shall not - directly or indirectly - sell, export, re-export, transfer, divert or otherwise dispose of any software or service to an end user without obtaining the necessary permits from relevant government authorities. You also have to ensure that is not prohibited from receiving products of Brazilian origin, including services or software.
3. YOUR RIGHTS.
Under the condition that you comply with all obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nontransferable and non-sub licensable license to access, via a browser or mobile device or application of the Internet generally information available to view and use the services that we offer in the pages of Personal CO2 Zero® and in accordance with the terms of this Agreement. Any other use of the Personal CO2 Zero® contrary to our mission and purpose is strictly prohibited and will consist of any breach of this Agreement. We reserve all rights not expressly granted in this Agreement, including, among others, ownership, possession, intellectual property rights and all other rights and interests in Personal CO2 Zero® and all related items.
4. OUR RIGHTS AND OBLIGATIONS.
A. Availability of Services.
While the Personal CO2 Zero® continue providing the service, it should provide and try to upgrade, improve and expand services. Therefore, we allow you access to Personal CO2 Zero® as it exists and is available on any day, and not under any other obligation, except as expressly provided in this Agreement. We may modify, replace, deny access, suspend or discontinue the Personal CO2 Zero®, in whole or in part, or modify and change the prices of all or any part of the Services, at our absolute discretion.
All these changes should become effective when posted on our website or through direct communication to you, unless otherwise noted. Personal CO2 Zero® reserves also the right to save, delete and / or discard any content available as part of its account, with or without notice, if such content is considered by Personal CO2 Zero® contrary to this Agreement. For questions are avoided, the Personal CO2 Zero® has no obligation to store, maintain or provide copies of any content submitted by you or other Users using the Services.
Personal CO2 Zero® may include links to third party websites (the "Third Party Sites") in www.personalco2zerocom or elsewhere with which it has business relationship or simply to use. Personal CO2 Zero® Platform allows developers to create applications (the "Application Platform") that offer features and functionality using data and developer tools provided by the Personal CO2 Zero®.
Personal CO2 Zero® has no responsibility nor endorse any action, content, advertising, products or other materials contained in the Third Party Sites or provided by them. Personal CO2 Zero® no industry, audits or endorse the Applications Platform. Therefore, if you decide to access Third Party Sites or use the Applications Platform, you do so at your own risk, and agree that the use of any Application Platform is for you "as is" without any warranty related to acts Developer Platform, and that this Agreement does not apply to the use by you of any Third Party Site or Application Developer.
Remember that if you allow an Application Platform or Third Party Site or connection to authenticate your account within Personal CO2 Zero®, this application or website can access the Personal CO2 Zero information about you and your contacts.
For more information about the Developer Platform and Applications Platform, see the Privacy of Personal CO2 Zero®.
C. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve and disclose your registration information and other information supplied by you if required by law or upon a good-faith belief that access preservation or disclosure is reasonably necessary, as our reasonable opinion, to: (1) comply with legal process, including, among others, civil and criminal subpoenas, court orders and other required disclosures, (2) implement this Contract (3) respond to claims violating the rights of third parties, whether or not that person is a User, individual or government agency, (4) respond to inquiries to customer service, or (5) protect the rights, property or personal safety of Personal CO2 Zero®, our users or the public.
D. Connections and interactions with other Users.
You shall be solely responsible for your interactions with other Users. Personal CO2 Zero® may limit the number of connections you may have with other Users and may in some circumstances prohibit you from contacting other Users through the use of the Services or otherwise restrict your use of the Services. Personal CO2 Zero® reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend or terminate your account if it determines, at its sole discretion, that this attitude is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS DONE WITH CONSUMERS AND THEREFORE THE CONTENTS OF THIS CLAUSE MAY NOT APPLY TO YOU.
Do not rest on the Personal CO2 Zero®, in any information contained therein, nor in its continuity. We provide the platform for the Personal CO2 Zero®, and all information and services are provided "as is" and "as available". We make no representation or express warranty.
Broader scope in permitted by applicable law, we disclaim liability in respect of any and all representations and warranties implied, including, to, any warranties of merchantability, fitness for a particular purpose, ownership and noninfringement. Or if you are dissatisfied be damaged by Personal CO2 Zero® or anything related to him, you may terminate your account and Personal CO2 Zero® terminate this agreement in accordance with the terms of clause 7 ("termination"), being a referred to withdraw your sole and exclusive remedy.
Personal CO2 Zero® is not responsible and makes no representations or warranties regarding delivery of any message (as webmail, posts of responses or transmission of content generated by any other user) sent by Personal CO2 Zero® to any person. Furthermore, no guarantee not declare that use of the service by you will not infringe rights of third parties. Any materials, services or technology described or used in the website may be subject to intellectual property rights belonging to a third party in the license that materials, services or technology.
Personal CO2 Zero® will have any obligation to verify identity of persons hire their services, nor will have no obligation to monitor the use of their services by other users of the community, therefore, Personal CO2 Zero® excuse yourself from any liability for identity theft or any other improper use of your identity or their information.
Personal CO2 Zero® do not warrant that the services offered by her work without interruption or failure of operation without. In particular, the operation of the services will be discontinued for grounds maintenance, updates or problems in the system or network. Personal CO2 Zero® excuse yourself from any liability for damages caused by any interruption or failure of operation. Furthermore, Personal CO2 Zero® excuse yourself from all liability for any malfunction, inability to access or inadequate use of Personal CO2 Zero® site due to improper equipment, problems associated with internet service providers, the saturation of the network the internet and for any other reason.
6. LIMITATION OF LIABILITY.
SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY IN CONTRACTS DONE WITH CONSUMERS AND THEREFORE THE CONTENTS OF THIS CLAUSE MAY NOT APPLY TO YOU.
Not the Personal CO2 Zero® nor any of our employees, shareholders or directors (hereinafter referred to as "Affiliates” of Personal CO2 Zero®) should be responsible for (a) damages up to five times more than the amount paid for services sold by Personal CO2 Zero® in the most recent month for use by User, or $ 100, whichever is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data suffered by you or by any third party due to the use by you of the Service, any platform applications or any content or other material contained in, accessed through or downloaded from, Personal CO2 Zero®. This limit of liability shall:
A. apply regardless of (a) you substantiate your claim in contract, tort, statute or any other legal theory, (2) we know or we should know about the possibility of damage, or (3) of the limited resources provided by this instrument failed in its primary purpose, and
B. not apply to any damage that Personal CO2 Zero® can cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise required by applicable law and which cannot be overlooked by this Agreement.
A. Mutual rights of termination.
You may terminate this Agreement for any reason or no reason at any time by notice to the Personal CO2 Zero®. This warning will expire when this is processed by the Personal CO2 Zero®. Personal CO2 Zero® may terminate the Agreement for any reason or no reason, at any time with or without notice. This cancellation should take effect immediately or as is subsequently specified in the notice. The cancellation of your account on Personal CO2 Zero® include the prevention of their access to paid services of Personal CO2 Zero®, and may also prevent you from any future use of the Personal CO2 Zero®.
B. Misuse of the Services.
Personal CO2 Zero® may restrict, suspend or cancel the account of any User who abuse or misuse the Services. The misuse of the Services includes inviting other users to know that you do not have contact; abuse the messaging services of the Personal CO2 Zero®; create multiple profiles or a fake profile, use the services commercially without the permission of Personal CO2 Zero®; infringe any rights intellectual property rights, or any other behavior that Personal CO2 Zero®, at its sole discretion, considers contrary to its purpose. In addition and without limiting the foregoing, the Personal CO2 Zero® adopted a policy of canceling the accounts of users who, at the sole discretion of Personal CO2 Zero®, offenders are considered applicants.
C. Effect of Termination.
Upon termination of your account in Personal CO2 Zero®, you will lose access to the Services. In addition, the Personal CO2 Zero® can block access to the Services of an IP address or IP address variations associated to those Users' suspended. The terms of this Agreement shall survive any termination, with the exception of Sections 3 ("Your Rights") and 4.ab, ed ("Our Rights and Obligations") of the instrument.
8. LAW OF BRAZIL AND ARBITRATION.
A. Choice of Law
Unless any disputes relating to rights, obligations or claims of infringement of intellectual property rights, disputes with the Personal CO2 Zero® arising from or related to the Contract (hereinafter "Dispute") shall be governed by the laws of Brazil, regardless of their country of origin or where you access the Personal CO2 Zero®, notwithstanding any principles of conflicts of law and the UN Convention for the International Sale of Goods.
B. Consent to Arbitration and Payment of Attorneys Fees.
Any disputes should be settled by final and binding arbitration in accordance with the rules and procedures of the Brazilian legislation, in Portuguese, with a written decision containing the determination and legal justifications issued by arbitrator (s) (s) at the request of either parties, and the costs of arbitration and reasonable attorney fees and costs of both parties to be borne by the losing party.
C. Exception of the Arbitration Agreement.
Any party may obtain an injunction (preliminary or permanent) and orders to compel arbitration or enforce arbitration awards in any court of competent jurisdiction.
9. GENERAL TERMS.
A. Independence Severability.
If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be illegal, invalid or unenforceable, the unenforceable provision will be modified so that it becomes a feasible and effective to the maximum extent possible, to reflect the intention of the provision and if a court or arbitrator to consider the amended provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected in any way.
C. Delivery of notices and citations.
In addition to Clause 2.h. ("Message Delivery and Notices"), we can notify you via postings in www.personalco2zero.com. You may contact us by email at firstname.lastname@example.org
or by mail or courier to:
CO2Zero Edição de Informações Ltda.- ME
Att. to Customer Service
Parque Cultural Paulista,
Avenida Paulista, 37 4º. andar
Bela Vista, CEP 01311-000, Sao Paulo- SP-Brasil
Additionally, the Personal CO2 Zero® accepts delivery of citations in your address. No warning that you do not deliver in accordance with the terms of this clause Notices have no legal effect.
D. Entire Agreement.
You agree that this Agreement is the entire agreement, complete and exclusive agreement between you and us in relation to the Services and shall prevail over all previous agreements and understandings, whether oral or written, or whether established by custom, practice, policy or precedent regarding the subject of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Personal CO2 Zero® Services, content or third-party software.
E. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on www.personalco2zero.com upon notice to you or otherwise disposed of. If you disagree with changes made to the Agreement, you may terminate it at any time as the terms of Section 7 (Termination).
F. No waivers, agreements or informal statements.
The not taken by us in any action relating to a breach of this Agreement by you or others does not waive our right to take any action in relation to that or other subsequent violations or similar infractions. Except as expressly and specifically contemplated by the Agreement, no representation, warranty, consent, waiver or other act or omission by any Affiliate of Personal CO2 Zero® should be considered legally binding on any party unless documented in a physical document in his own hand and signed by a duly appointed director of the Personal CO2 Zero®.
G. No preliminary injunction.
Under no circumstances should you plead or be eligible for cancellation measures, injunctions or other equitable relief, or to prohibit or limit the operation of the Services, the exploitation of any advertising or other materials related issued, or operation of the Service or any content or other material used or displayed through the Services.
Companies other than CO2Zero Edição de Informações e Serviços Ltda.- ME are not parties, but third-party beneficiary of this Agreement, have the right to execute the Agreement directly against you.
I. Assignment and Delegation.
You may not assign or delegate any right or obligation provided by this Agreement, and all attempts to transfer or delegation will be ineffective. We may freely assign or delegate all duties and obligations provided by this instrument in whole or in part, without notice to you, so how can we replace, through unilateral novation, effective upon notice to you, the CO2Zero Edição de Informações e Serviços Ltda.-ME by any third party to take our rights and obligations under this Agreement.
WHAT PERSONAL CO2ZERO USERS SHOULD AND SHOULD NOT BE DOING
A. What you should do:
I. comply with all applicable laws, including, among others, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
II. provide accurate information to us and update them as necessary;
IV. review and comply with notices sent by the Personal CO2 Zero® on the Service;
B. What you should not do:
I. act dishonestly or unprofessional manner, behaving unprofessionally when posting inappropriate content, inaccurate or questionable Personal CO2 Zero®;
II. duplicate, license, sublicense, publish, distribute, transmit, distribute, perform, display, sell, redesign the brand, or otherwise transfer information found in the Personal CO2 Zero® (excluding content posted by you), except as permitted in this Agreement or as expressly authorized by the Personal CO2 Zero®;
III. reverse engineer, decompile, disassemble, decipher or otherwise attempt to copy the source of any underlying intellectual property used to provide the Services or any part thereof;
IV. include information in your profile or anywhere else, except in designated fields of a confidential nature;
V. create a user profile for a person not an individual;
VI. use information, content or any information viewed or obtained by you in Personal CO2 Zero® to provide any service which, at the sole discretion of the Personal CO2 Zero®, CO2 is a competitor of Personal Zero;
VII. insinuate or assert, directly or indirectly, that you are affiliated or endorsed by the Personal CO2 Zero®, unless you have signed a written contract with the Personal CO2 Zero®;
VIII. adapt, modify or create derivative works based on the Personal CO2 Zero® or technology underlying the Services or content of other users, in whole or in part, except as permitted by the program developer of Personal CO2 Zero®;
IX. rent, lease, loan, trade, sell / resell access to Personal CO2 Zero® or any information contained therein, or the equivalent, in whole or in part;
X. use software, gadgets, scripts, bots or other means or process, manual or automated, to access, capture, probe or spy on any web pages or other services listed on the site;
XI. use bots or other automated methods to add or download contacts, send or forward messages or other activities permitted by means not sanctioned by the Personal CO2 Zero® tools, such as its application programming interfaces or their own services or integrations with other services partners;
XII. access, means or by automated or manual processes, the Personal CO2 Zero® to monitor their availability, performance or functionality, or for any purpose competitive;
XIII. engage in activities of framing, mirroring, or otherwise simulate the appearance or function of the website of the Personal CO2 Zero®;
XIV. or actually try to access the Personal CO2 Zero® by means other than by interfaces provided by the Personal CO2 Zero®;
XV. or any attempt to effectively neutralize security component included in or underlying the Personal CO2 Zero®;
XVI. perform any act that directly or indirectly, interfere with proper functioning or place an unreasonable load on our infrastructure, including, among other unsolicited communications to other users or the person's Personal CO2 Zero®, attempts to gain unauthorized access or transmission or activation of virus;
XVII. remove any copyright notices, trademark or other proprietary rights contained in the Personal CO2 Zero®, including those of the Personal CO2 Zero® and any of its licensors;
XVIII. remove, cover or otherwise conceal any form of advertisement included in the Personal CO2 Zero®;
XIX. harass, abuse, or harm another person, including the sending of unwanted communications to others, using the Personal CO2 Zero®;
XX. collect, use or transfer any information including, among others, personally identifiable information obtained in the Personal CO2 Zero®, except as expressly permitted in this Agreement, or as the owner of this information comes expressly permits;
XXI. Users do not share information without their express consent;
XXII. interfere with or disrupt the Personal CO2 Zero®, including, among others, any servers or networks connected to it;
XXIII. add a cartoon, symbol, design or any content that is not a photo of his face in profile picture;
XXIV. use or attempt to use the account of another person without the permission of the Company, or create a false identity on Personal CO2 Zero®;
XXV. infringe or use the mark, logos and / or trademarks of Personal CO2 Zero®, including, among others, the use of the word "Personal CO2 Zero®" in any trade name, email or URL, or the inclusion of trademarks Personal CO2 Zero® and logos, except as expressly permitted by the Personal CO2 Zero®;
XXVI. add, post, email, webmail use, transmit or otherwise make available, or introduce any content that:
a) impersonates or falsely inform or otherwise poorly represents your identity;
b) is unlawful, defamatory, abusive, obscene, discriminatory, or otherwise objectionable;
c) add content to a field not known to him;
d) includes information that you do not have the right to disclose or make available in accordance with the law or according to contractual or fiduciary relationships (such as inside information or confidential information and private information learned or disclosed pursuant to an employment relationship or as non-disclosure agreements) ;
e) infringes any patent, trademark, trade secret, copyright or other proprietary rights;
f) include any advertising, promotional materials, junk mail, spam, chain letters and pyramid schemes unsolicited or unauthorized, or any other form of solicitation;
g) contains viruses, worms or other code, file or computer program that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment from Personal CO2 Zero® or any User's Personal CO2 Zero®; forge headers or otherwise manipulate identifiers to disguise the origin of any communication transmitted through the Services.