Terms of service
By using Arteirinha, you (hereinafter referred to as “you”, “your” or the “User”) are entering into a legally binding agreement (the “Agreement) with [enter name of the Company which owns the website] (hereinafter referred to as the “Company”, “us”, “we” or “our”) in accordance with the terms and conditions as specified herein below.
Before using Arteirinha, please read these Terms of Service and all other documents referred hereto. By using Arteirinha, you accept to be subjected to these Terms of Service in its entirety and any changes which are made thereto. If there is any clause objectionable to you in these Terms of Service, please do not use Arteirinha.
ABOUT US
The Company is a company established under the laws of the State of Washington.
ELIGIBILITY
You are only eligible to use Arteirinha if (i) you are of the age 18 and above; (ii) you have the legal capacity to use the Terms of Service; and (iii) you are a natural person and are not using the website through any automated means such as bots.
We shall be entitled to terminate your use or access of Arteirinha if you do not fall within the eligibility criteria.
OUR PRODUCTS
We offer bilingual (Portuguese and English) book. These books and their details are listed on Arteirinha (the “Products”).
We use our best efforts to ensure that the Products are displayed on the website in the most accurate possible manner. This includes but is not limited to the features, colors and other specifications of the Products. However, there is no guarantee that such display or description will be completely accurate and you shall not hold us liable for the same.
All the Products offered are subject to availability and we cannot provide any guarantee whether they will be in stock. We are entitled to discontinue them at any time for any reason whatsoever. The Products are only shipped within United States of America.
PAYMENTS
All payments are to be made through credit card. You will be required to provide card details at the time of purchasing of the Products.
ELECTRONIC COMMUNICATIONS
When you use Arteirinha, you may be communicating with us or our representative electronically. Therefore, you consent to receive communications from us electronically, which shall include but is not limited to texts, emails, push notifications or messages.
REPRESENTATIONS AND WARRANTIES
By using the website, you hereby represent and warrant that: (i) you meet the eligibility criteria as set out above; (ii) any information provided by you through the website is accurate and up to date; and (iii) you have disclosed to us all circumstances which could materially impact your ability to meet your obligations under these Terms of Use.
CHANGES TO ARTEIRINHA
The Company reserves the right to make changes to the outlook and functionality of Arteirinha and the content therein. Therefore, there may also be a need to change the Terms of Use. The Company shall have the right to update the Terms of Use without any notice.
The Company shall take every possible effort to ensure that Arteirinha runs smoothly. However, the Company takes no liability for Arteirinha being unavailable on a temporary basis due to any technical issues which may, or may not be under the control of the Company. .
ERRORS
We do not guarantee that Arteirinha or the Products therein are error or defect free. Arteirinha and the Products therein maybe subject to errors or defects, and we do not take any responsibility for the same and for any such damage that occurs as a result of using the same.
USE AND ACCESS TO ARTEIRINHA
The use of any information, material or content on Arteirinha shall be entirely at the User’s own risk. The Company shall not be liable for the same.
It shall be a civil and criminal offence to use Arteirinha in an unauthorized manner. It shall entitle the Company to claim for damages which occur as a result of using Arteirinha in such way.
The User shall not restrict any other visitor from using Arteirinha in any manner whatsoever.
The User shall not transmit any software or materials which may cause any harm whatsoever to Arteirinha. These materials may include Trojan horses, viruses and other related cyber defects.
The User shall not engage in any activity which is intended to gather information from Arteirinha in an unlawful manner. This includes flooding, spamming and phishing.
Arteirinha consists of materials, information and content which are entirely owned by the Company. This includes the design, appearance, layout and the graphics. The Company shall have complete proprietary rights to these materials. Accordingly, it is prohibited to reproduce such materials which shall be a gross violation of the applicable copyright laws of the state. This include, but is not limited to, modifying, reproducing and or creating derivatives of such materials, distributing the materials to any other third party for any reason whatsoever.
The Company does not grant any express or implied right to the User under any trademarks, copyrights or any other intellectual property connected with Arteirinha. Using the same without the Company’s permission shall be violation of applicable laws and entitle the Company to damages.
You shall not additionally use Arteirinha (i) in such manner which impairs this website or other party’s use of the same in any manner whatsoever; (ii) use any automatic device, application or software which is for the purposes of copying any information listed on Arteirinha, including but not limited to the Services and the deliverables; (iii) use any process on Arteirinha in an unauthorized manner, which includes but is not limited to disassembling of the software and application; (iv) attempt to breach the authentication and security measures of Arteirinha, or its any database or server.
CONFIDENTIALITY
Any data, documents, or information (whether in physical or electronic form) disclosed to the User or developed during the course of these Terms of Service, marketing activities, business and Products development information, prices, specifications, technologies, know-how, trade secrets and other related information, are of proprietary and confidential nature (the “Confidential Information”). The User shall hold in strict confidence the Confidential Information and shall not, without the consent of the Company, publish, use or otherwise disclose the Confidential Information to any third party either in whole or in part, nor use it for purposes other than those for which it was provided to him/her and shall use it only for the purpose of discharging his/her duties under these Terms of Service. The Company retains all rights to the Confidential Information developed, provided or disclosed to the User.
It is understood between the Parties that the Confidential Information does not include information that User can reasonably prove that such information is: (i) either legally in possession of User or publicly available to User prior to disclosure of such information hereunder; (ii) publicly available to User without any violation of the Terms of Service by User subsequent to its disclosure hereunder; (iii) legally available to User on a non-confidential basis from any third party, the disclosure of which to User does not violate any contractual or legal obligation of such third party to the Company with respect to such information; (iv) independently acquired or developed by User; or (v) explicitly approved for release by written authorization of User.
DISCLAIMER
We shall not be liable for any damage that may occur as a result of your use of Arteirinha, either occurring in contract or tort, whether foreseeable or not. Particularly, in no event whatsoever, the Company, its subsidiaries, affiliates, partners, subcontractors, licensors, employees, directors and/or agents be liable to you or any third party for direct, indirect, exemplary, special, consequential, punitive, incidental or any other kind of damages, claims, injuries or losses which arise directly or indirectly from the use of Arteirinha or the Products, irrespective of whether such damage is due to the result of errors, defects, viruses, interruptions or delays in Arteirinha and/or the Products.
We disclaim liability for personal injury, property damage or death which may occur as a result of your use of the Products.
The Services and the information and content in connection thereto provided to the User by the Company under these Terms of Service are provided on an as-is and where-is basis without any warranties or representations, express, implied or statutory, including but not limited to, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
INTELLECTUAL PROPERTY
All the content and information which is made available through Arteirinha, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of the Company. The same is also copyrighted and trademarked under the relevant applicable laws. The User agrees that all intellectual property rights and proprietary rights vests solely in the Company, and the User shall not claim any right, title or interest in such intellectual property for any reason whatsoever.
The logo, name, slogans and design of the Company is the trademark of the Company. You shall not use the same for any reason whatsoever without the prior written consent of the Company. All other trademarks that you come across on Arteirinha are the trademarks of the owners and you shall not infringe upon the same for any reason whatsoever.
All materials, including but not limited to, images, texts, audios and videos provided to you under these Terms of Service as a result of performance of Services are exclusively owned by the Company. All intellectual property rights in such materials is owned by the Company.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be governed and construed in accordance with the laws of Washington State.
In the event of any dispute between the Company and User, the Parties shall settle the same amicably by way of negotiations, failing which, the courts of Washington State shall have exclusive jurisdiction to resolve dispute arising under these Terms of Service.
If the dispute proceeds towards litigation, the prevailing party in such litigation shall be entitled to reasonable expenses that are incurred as a result of such litigation. This includes, but is not limited to attorney fees.
ADDITIONAL TERMS
These Terms of Service shall constitute the entire agreement and understanding amongst the Parties hereto and supersedes all prior correspondence in this regard.
Nothing contained herein shall be deemed or constructed by either Party hereto or any third party to create any rights, obligations or interests in any third party, or to create any association, partnership, joint venture, the relationship of a principal and agent, the relationship of an employer and employee, or any fiduciary relationship of any kind between the Parties hereto. It is hereby agreed that all obligations provided under these Terms of Service by the Company are as an independent contractor of the User.
The Parties agree that except provided to the contrary in these Terms of Service, there shall be no third party beneficiaries.
A waiver of any provision of these Terms of Service or of any breach thereof by either Party hereto shall not be deemed a waiver of any repetition of such breach or a waiver of compliance with a term or condition or in any way affect any other terms or conditions hereof, unless signed by the Party giving such waiver.
The failure of either Party to enforce any of the provisions of these Terms of Service shall not be construed to be a waiver of such provisions nor of the right of the given Party thereafter to enforce each and every such provision.
These Terms of Service and all of its provisions are binding on and inure to the benefit of the Company and the Business and their respective successors and permitted assigns, but neither these Terms of Service nor any of the rights, interests, or obligations hereunder may be assigned by either Party without the prior written consent of the other.
Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via electronic means of communication, (b) the next business day after the date of transmission, if such notice or communication is delivered after working hours of the business day. The address for such notices and communications shall be as set forth on the signature pages attached hereto.
In case any provision in these Terms of Service are rendered invalid, illegal or unenforceable for any reason whatsoever, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
CONTACT US
You may contact us at: