Terms of Use

By accessing and using the website, you agree to the Terms of Use.

 

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last update:

September 2020

Introduction

Petalusa, from now on referred to as the ASSIGNOR, reserves the right to modify these Terms of Use at any time, without prior notice. After such modifications, your use of the website constitutes your agreement to follow and be bound by these Terms of Use as amended.

1. Permitted Use of the website

You may use the website and the information, text, images and/or other works that you see, hear or experience on the website (individually or collectively, the “Content”), solely for personal, non-commercial purposes and to learn about the ASSIGNOR’s products and services, and exclusively by these Terms of Use.

2. Prohibited use of the website

By accessing the website, you agree that you will not:

  • Use the website in a way that violates these Terms of Use;
  • Copy, modify, create a derivative work or reverse engineer or assemble the website, or otherwise try to discover any source code, or allow third parties to do so;
  • Sell, assign, sublicense, distribute, exploit commercially, grant a guarantee or otherwise transfer or make available to third parties any right over the content or service;
  • Use or initiate automated systems, including, but not limited to, “robots”,  “spiders” or “offline readers”, who access the website to send more requests to the ASSIGNEE servers in a given period than a human being could produce in the same period using a conventional on-line web browser;
  • Mirror or integrate the website, or any part of it, with another website or webpage.
  • Attempt to gain unauthorized access to the website;
  • Access the website by means other than through the interface provided by the ASSIGNOR to access the website;
  • Use the website for any purpose or in any way that is illegal or prohibited by this Agreement.

Unauthorized use of the content or the website may violate patent, copyright, trademark laws, among others.

3. Copyrights and Trademarks

The website is protected by intellectual property and other applicable laws, including trademark and copyright laws. The website, including all intellectual property rights, is owned and owned by the ASSIGNOR or its licensors (if any). The ASSIGNOR owns and maintains all copyright in the Content. Except as expressly permitted on the website concerning certain Content, the Content may not be copied, reproduced, modified, published, uploaded, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, disseminate or create derivative works based on the Content or the website, in whole or in part, by any means.
The Petalusa name, Petalusa logos, and other brands used by the ASSIGNOR periodically are trademarks owned by the ASSIGNOR. Visual identity laws protect the appearance, layout, color scheme and design of the ASSIGNOR website. The customer does not receive any right or license to use those as mentioned above. The ASSIGNOR may use and incorporate any suggestion or other feedback provided by you into the website or the ASSIGNMENT Service, without payment or condition.

4. Information and materials provided or published by you

You represent that you have all rights, titles, and interests in the materials that you publish on the website or provide to the ASSIGNOR (“Materials”), including, without limitation, any third party consent, authorization, release, authorization, or license (such as, others, any release related to the rights of privacy of publicity) necessary to provide, publish, upload, insert or send the Materials, and that the publication of such Materials does not violate or constitute a violation of any patent, copyright, trademark, secret commercial right, privacy right, publicity right, moral rights, or other intellectual property right recognized by an applicable jurisdiction of any person or entity, or that constitutes a breach of an agreement with any other person or entity.

You represent and warrant that you are whom you claim to be, that you have not provided fictitious, false, or inaccurate information about yourself, and that all information contained in the published materials is true and proprietary, or that you are authorized to send such materials, and that Published materials do not contain threatening, offensive, defamatory, false, obscene or pornographic content, or anything that could violate any other applicable law or regulation. You agree that you will not knowingly and misleading materials and information that you knowingly intend to harm.
You represent and warrant that the materials provided by you do not violate the Terms of Use.

5. Links to third party websites

Links on the website to other websites or third-party information are provided as a convenience only. If you use these links, you will leave the website. These links do not necessarily constitute or imply the recommendation, sponsorship, or agreement by the ASSIGNOR of a third party or a third party website and its information.

The ASSIGNOR is not responsible for the availability of such websites. The ASSIGNOR is not responsible for such websites and their respective contents. If you use links to the ASSIGNEE’s affiliate or service provider websites, you will leave the website and be subject to those websites’ terms of use and privacy policy.

6. Downloaded files

The ASSIGNOR can not guarantee that the files available for download through the website will be free from infection by viruses or other harmful computer codes, files, or programs.

7. Exemption from liability; liability limitations

THE ASSIGNOR AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO RECOMMENDATIONS AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OF THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE ASSIGNOR AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS RELATING TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE ASSIGNOR SHALL IN NO WAY CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES AND TYPOGRAPHICAL ERRORS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ASSIGNOR AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPTIONAL, CONSEQUENTIAL, EXTERNAL, CONSEQUENTIAL, EXEMPTIONAL, , DAMAGES FOR COVERAGE OR LOSS OF USE, DATA, REVENUE OR PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR ARISING OUT OF THE USE OF THE WEBSITE WEBSITE, BEING BASED ON CONTRACT, NEGLIGENCE, OBJECTIVE LIABILITY, LACK OF ANY RESOURCE TO ACHIEVE YOUR ESSENTIAL PURPOSE, EVEN IF THE ASSIGNOR OR ANY SUPPLIER OF THE ASSIGNOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS FACT IN SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Suppose NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT. IT IS DETERMINE TO ASSIGNOR SHOULD ASSUME ANY RESPONSIBILITY TO YOU OR A THIRD PARTY FOR ANY LOSS, DAMAGE, OR LOSS. In that case, YOU AGREE THAT TOTAL RESPONSIBILITY, AND THIRD-PARTY, AFFILIATES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS MUST, IN ALL CASES, BE LIMITED TO ONE HUNDRED REAL (BRL).

8. Indemnification

You understand and agree that you are personally responsible for your use of the website. You agree to indemnify, defend and exempt the ASSIGNOR, its parent companies, subsidiaries, subsidiaries, joint ventures, business partners, licensors, employees, agents, and third-party information providers from and against all claims, losses, expenses, damages, and costs ( including, but not limited to, direct, incidental, consequential, exemplary and indirect damages). Reasonable attorneys’ fees arising out of or resulting from your use, misuse, inability to use the website or content, or any violation of these Terms of Use.

9. Privacy

Your use of the website is subject to the ASSIGNOR’s Privacy Policy, available at https://www.petalusa.com/privacy-policy/

10. General clauses

  1. Full agreement / no waiver. These Terms of Use constitute the entire agreement between the parties concerning the object of the same. No release by the ASSIGNOR of any breach or breach set forth herein will be constructed as a waiver of any previous or subsequent breach or breach.
  2. Correction of errors and inaccuracies. The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. The ASSIGNOR reserves the right to correct any errors, inaccuracies, or omissions and to change or update the content at any time, without prior notice. However, the ASSIGNOR does not guarantee that errors, inaccuracies or omissions will be corrected.
  3. Application/choice of law / choice of forum. If any statement in these Terms of Use is founded to be invalid or unenforceable, the invalid or unenforceable information will not affect the other provisions of these Terms of Use, which will remain in full force and effect. Any disputes related to these Terms of Use, the ASSIGNOR’s Privacy Policy, your use of the website, and any other ASSIGNOR website or content are governed by and will be interpreted by Brazilian Law, disregarding any conflicts between legal clauses. You agree with the exclusive jurisdiction of the Brazilian state and federal courts in any dispute arising out of or related to these Terms of Use, the ASSIGNOR’s Privacy Policy, your use of the website, and any other ASSIGNOR website or content.

Portuguese version (PT BR)

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