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Terms of Use

Last change: 18/03/2015

By creating an account on Spirit, you, User, agree to obey the Brazilian law and agree with the following terms of service setted bellow. IF YOU DO NOT AGREE WITH THESE TERMS, YOU CAN NOT USE THE SPIRIT’S SERVICES.

 

These “Terms of Service” rule the services access and use, including all the Spirit services, SMS, APIs, emails notifications, apps, buttons, widgets, advertisement and commercial services, and informations as texts, images, pictures or any other material that can be loaded, downloaded or that are shown on our services (collectively named “Content”). Your access to these Services and the respective use of it are ruled by your agreement on these “Terms of Service”, our Content Guidelines and being in accordance with them. By accessing and using our Service, you agree to following those Terms.

 

By using Spirit, you, User, declare that you have reached the age of majority where you live or you have valid parent or legal guardian consent to agree and commit to these Spirit “Terms of Service”. If you did not reach the age of majority in your State, or can not comprehend this section, please do not create an account before asking your parents or legal guardian for help. If you are the parent or a legal guardian of a minor, by creating an account you agree with these “Terms of Service” in behalf of the minor and will be responsible for all the usage and content of the minor’s account on Spirit, if the account is created now or latter.

 

A user can not use another user’s account without permission. By creating your account, you must provide us complete and accurate data.

 

You, User, agree to not use usernames (login — seen on the user’s profile address —, or visible username) or profile images (avatar, photo, bio, idcard, signature, profile cover, desktop etc.) that are erotic, pornographic, obscene, which make an apology for drug use/abuse, criminal behavior, immoral practices, racism, prejudice, violence and any other way of discrimination. You agree, as well, to not use usernames that induce mistakes or usernames that aim to falsely represent Spirit official networks or pages, as well as to falsely represent any other entities, under penalty of have your username and/or content edited or, depending on the severity of the violation, your account banned from this platform.

 

 

Spirit has the right to claim usernames on behalf of companies or individuals that have a legal right or trademark in relation to those usernames. Accounts that use companies’ name and/or logos to deceive others will be permanently suspended.

 

The User is the only one responsible for his account activities, and also the responsible for using a secure password, which should not be shown to any other person. The user must immediately contact Spirit if there’s any security breakdown or non-authorized usage of his account.

 

You are responsible for protecting the password you use to access Spirit and you are also responsible for any other activity that is protected by a password usage. You must use a strong password (by using combinations of upper and lowercase letters, numbers and symbols) in your account. Spirit is not responsible for any loss or damage it may occur if you fail to comply with the requirements described above.

 

You compromise yourself to use Spirit only for personal use, uploading only contents that do not violate these “Terms of Service”, our Content Guidelines, as well as the law.

 

You are forbidden to share any private or confidential information from another person, such as credit card number, addresses, telephone numbers or legal documents informations.

 

You agree to not use Spirit with commercial purposes without prior written permission from Spirit. Among the forbidden commercial uses are the website access resale or any other related service on another website (such as the Embeddable Player) with the main purpose of obtaining advertising or subscriptions revenue and any other use of the website that, in Spirit’s opinion and its sole discretion, use Spirit’s content and/or resources or any other User Material in which results in competition or loss of market for Spirit.

 

You agree to be respectful with everyone and to not share any message that degrades Spirit’s image, its staff, its users or third-parties. You also agree to not link any other material that makes an apology for drug abuse, criminal conduct, immoral practices, racism, prejudice, violence and any other kind of discrimination. You agree to not link any material that has no relation with the aim of the website or anything that do not agree with the Brazilian law.

 

You are aware that you may be eventually exposed to irregular or adult content, due to other User's inappropriate behavior that were not reported yet to Spirit and therefore they were not removed from the website.

 

You are also aware that the website contains different age classifications areas and the access to them is informed by our rating classification.

 

You agree that any fanfiction/story that has adult content, be it erotic, pornographic or obscene must be indicated with the right age rating as set out in our Content Guidelines.

 

You consent to disclose your real age in your user data and to follow the age rating to access appropriate material for you. 

 

You agree to not spam and/or post links to other sites, for spamming purposes, as well as links to inappropriate and/or illegal materials.

 

You also agree not to attempt to breach the website, the Spirit softwares and Users accounts. Do not engage in activities that are harmful to Spirit Services or others (such as spreadings malwares, stalking, hate speech, defending violence against others). 

 

You comply that you will follow these Spirit “Terms of Service”, as well as our Content Guidelines and Brazilian law. 

 

You also comply to not engage in activities that exploit, scam or run the risk to harm children. 

 

You agree to not publicly display inappropriate images (for example: nudity, beastiality, pornography). 

 

You consent not to engage in false or misleading activities (such as trying to obtain monetary values or other types of advantage, under false claims, representing someone else). 

 

You also consent not to violate third-parties rights (such as copyright infringement).

 

You agree not to engage in activities that violate others privacy. 

 

Spirit reserves the right to remove and/or edit any content that deems to violate these “Terms of Service” and the Content Guidelines, as well as the law, or what may cause disadvantaged or harm to itself or others. 

 

Spirit also reserves the right to decide if the Content or User Material is appropriate and comply to these “Terms of Service” regard other infractions or law violations, for instance copyright infringement, pornography, obscene or defamatory material (including defamation, slander or injury). 

Spirit can remove such User Material and/or permanently suspend User account for sharing the material that violate these “Terms of Service” and the “Content Guidelines” any time, without notice and at its sole discretion.  

 

Spirit also has the right to access, read, preserve and disclose any information that it, in its reasonable opinion, understands as necessary to 1. comply with any applicable law, regulation, judicial or administrative decision or with any legally authorized administrative entity request, 2. apply effectively (by any legally permissible way) these “Terms of Service” and the “Content Guidelines”, including through investigation of potential violations of them, 3. detect, prevent or deal with fraud cases, as well as security or technical issues, 4. respond to its users support requests, or 5. protect the rights, property or safety of Spirit, its users and the public.

 

Therefore, you, User, agree that by violating these "Terms of Service" or our "Content Guidelines", as well as the law, you may have your account permanently suspended.

 

Copyright Policy

 

Spirit respects others intellectual property rights and expects that the users of Spirit Services do the same. Spirit will respond to notices of alleged copyright and related rights violations that are made in accordance with applicable law. If you believe that your Content has been reproduced in any form of copyright infringement or related rights, please provide us the following information when reporting:

 

1.  identify the copyrighted work subject from the alleged violation;

2. identify the materials that allegedly violate or are used to violate copyrighted works and that must be removed or the access must be blocked. You must as well provide us reasonably enough information for us to locate those materials;

3. your contact information, including address, phone number and an email address;

4. a personal statement that you are acting in good faith and believes that the use of the materials, described in your report, is not authorized by the copyright holder or related rights, as well as their agents or representatives or by applicable law; and

5. also a personal statement that the information in your report is reliable and, under penalty of liability provided by the law for claiming false information, that you are authorized to perform these acts on behalf of the rights holder. 

 

Spirit reserves the right, at its discretion and without any prior warning, to remove Content that allegedly violates copyright, and can not be held responsible for any damage or loss therefore. In suitable circumstances, Spirit will also suspend the account of any user who violates that right.

 

Copyright infringement notices or related rights violations must be made through reports of irregular content.

 

Reports 

 

Irregular content, which violates these “Terms of Service”, as well as Spirits “Content Guidelines” and the law, must be reported through our reporting system by clicking on the "REPORT" button found on all site content.

 

Trying to avoid false reports, it is required to create an account on Spirit, which must follow these "Terms of Use". If you make false reports imputing false infractions/violations to other users, with intent to damnify them, you may have your account banned.

 

Reports are anonymous, therefore it is prohibited to create false accounts, without real/valid data, to make reports.

 

Termination of these Terms of Service

 

These "Terms of Service" remain in effect until you or Spirit terminate them as follows:

 

You may terminate your agreement with Spirit at any time, for any reason, by deleting your accounts and discontinuing the use of Services. It is not necessary to specifically inform Spirit when you stop using the Services.

 

Spirit may suspend or terminate your accounts or stop providing you all or any part of the Services at any time and for any reason, including, but not limited to, if Spirit reasonably consider that:

 

1. You have violated these "Terms of Service" or the Spirit "Content Guidelines", 

 2. you create harm or possible legal exposure for Spirit.

 

User and account suspensions are permanent.

 

If your account is suspended or terminated (either by you or us), your right to use Spirit Services will be immediately discontinued and the right to use your Spirit account will stop right away. If your Spirit account is suspended or if you delete it, Spirit will exclude all information and Content from it. We have no obligation to return Content to you.

 

Service interruptions and backup

 

Spirit works to keep the Website Services up and running. However, as all online services experience malfunctions and occasional stops, Spirit is not responsible for any interruptions or losses that you may suffer as a result. You must do a backup of the Content you publish on Spirit. Having a regular backup plan and following it help avoid losing your Content.

 

In addition to the other restrictions contained in these "Terms of Service", you may not circumvent or deceive any technological protection measure of the Apps, Services or related to them, as well you may not disassemble, decompile or use reverse engineer on any Apps, other features included on the Services or that can be accessed through them; also you may not separate components of the Apps or Services to use in different devices, nor publish, copy, rent, lease or loan the Apps or Services; you may not transfer the App and any licenses or rights related to accessing or using the Services. You may not use the Services in an unauthorized manner that could interfere with another person's use of the Services or gain access to any service, data, account or network. You may not allow access to the Services by unauthorized third-part apps.

 

NO WARRANTIES

SPIRIT DISCLAIM ALL WARRANTIES, CONTRACTUAL OR LEGAL, OR CONDITIONS RELATING TO YOUR USE OF THE SERVICES. OUR SERVICES IS PROVIDED “AS IS”, “WITH EVENTUAL FAILURES”, “AS AVAILABLE”. SPIRIT DOES NOT WARRANT THE ACCURACY OR UPDATE OF THE SERVICES AVAILABLE INFORMATION. TO THE EXTENT ALLOWED BY LOCAL LEGISLATION, WE EXCLUDE ANY LEGAL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS IN ACCORDANCE WITH LOCAL LEGISLATION. NOTHING IN THIS AGREEMENT AIMS TO AFFECT THESE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAIL-SAFE AND DOWNTIME PERIODS MAY OCCUR. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.

 

Notifications

 

You accede to receive notifications from Spirit about our services or information that the law requires us to provide through email, to the electronic address specified when you register your account on Spirit. The sent notifications are considered delivered and received in the moment it is sent. If you do not agree with receiving notifications electronically, you must stop using our services.


 

Spirit's Rights

 

All the rights, titles and interests on Services (except on the users uploaded/provided content) are and will remain exclusive Spirit's propriety. The services are guarded by copyrights, trademarks and other Brazilian’s law. None of the information contained in our "Terms of Service" gives you the right to use Spirit's name, any other trademarks, logos, Spirit's domain names or other resources from distinct brands. Any comments or suggestions you may provide are completely voluntary and we will use it freely at our convenience and without any obligation to you.

 

Services Content 

 

All Content responsibility, whether published or transmitted privately, belongs to the person who posted. We do not monitor or control the Content posted through our Services, therefore, we will not be responsible for it. The way that you use the Content or material published through the Services or obtained through them and the reliability that it is safe, are your sole responsibility.

 

We do not approbate, support, assert or guarantee the integrity, veracity, accuracy or reliability of any Content or notice published through our Services. In addition, we also do not endorse opinions expressed through them. You understand and accept that, when using the Services, you may be exposed to Content that is offensive, harmful, inaccurate or inappropriate or, in some cases, publications that have been improperly identified or are fraudulent. Under no circumstances Spirit will be accountable for any Content, including, but not limited to, any errors or omissions on them, or any loss or damage due to the use of any Content posted, sent, transmitted or made available through the Services or posted elsewhere.

 

Limitation of Liability

Although under the current legislation Spirit is not liable for any loss and/or damage caused to its users for improper or unauthorized use of the account, you may be liable for loss and/or damage caused to Spirit, its staff or third-parties arising from improper or unauthorized use of the account.

 

The User, by accepting these "Terms of Services" and creating an account, is aware that Spirit, as well as its parent corporation, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, collaborators and licensors, have no responsibility for the published content and activity by Users on the pages of Spirit, under Law No. 12.965/2014 (Marco Civil) and other legislation dealing with the matter, and therefore Spirit and its staff disclaim any legal or moral responsibility.

 

The Services offered by Spirit are always evolving and the form and nature of them can change time to time without notice to you. In addition, Spirit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users and may not be able to send you a notice. Spirit also has the right to create limits on use and storage at its sole discretion at any time without notice.

 

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. You are the owner of your content and are responsible for it. Also we do not control, verify, pay, endorse or accept any responsibility for the Content that you and others make available on Spirit website Services.


 

About these Terms of Service

 

Spirit may modify these terms or any additional terms that apply to a Service to, for instance, consider changes in the law or changes in our Services. You should read these "Terms of Service" regularly. We will post notices if changes on these terms occur. We will post notices regarding additional terms within the applicable Service. If you do not agree to the updated terms of a Service, you must discontinue using the Service.

If you do not comply with these terms and we do not take immediate action it does not mean that we are resigning any rights that we may have (such as taking future action).

 

The Forum of São José do Rio Preto - São Paulo - Brazil is elected to settle any doubts or conflicts arising from these “Terms of Service”, as well as the Content Guidelines.