Terms of Use Makaha
PLEASE READ THESE TERMS OF USE BEFORE USING THE SERVICES OFFERED BY Makaha Entertainment Ltd. ("Company"). THIS AGREEMENT ESTABLISHES THE TERMS AND LEGALLY CONDITIONS TO USE www.portalmakaha.com.br (the "Site") AND THE SERVICES OPERATED BY THE COMPANY (collectively with the "Site", the "Service"). BY USING THE SITE OR SERVICE IN ANY WAY, INCLUDING BUT NOT LIMITED browsing or navigating the SITE, YOU AGREE WITH THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING THOSE WHO CONTRIBUTE TO THE CONTENT, INFORMATION AND OTHER ACTIVITIES WITHIN THE SITE.
Acceptance and Modification of Terms of Use
The service is offered by the acceptance, without modification, all terms and conditions contained herein ("Terms of Use"), a term which also includes the Privacy Policy and any other operating rules, policies and procedures that may be published from time to time in the Companys website, or via this document ("Terms of Use").
The service is only available for individuals over 18 years. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and reliable. The Company may, at its sole discretion, to refuse to provide service to any person or entity and change its eligibility criteria at any time.
The Company reserves the right, at its sole discretion, modify or replace any of the Terms of Use, or amend, suspend or discontinue the Service (including, without limitation, the availability of any feature of the database, or content) any time a notice on the site or by sending an email.
Rules and Conduct
As a condition of use, you promise don´t use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your personal and noncommercial use. You are responsible for all activity in connection with the service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any user material, videos, audio clips, comments written in the profile, information, data, text, photographs, software, scripts, graphics and Interactive resources generated, provided or accessible by the Company or any of your partners, or through the Service.
By way of example and not as a limitation, you should not (and do not allow third parties to) the (a) take any action or (b) upload, download, post, distribute or facilitate distribution of any content or through the Service, including without limitation, any User material that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity, or violates any law or contractual obligation;
- you know is false, misleading, false or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, fraudulent, profane, fraudulent, invasive of anothers privacy, abusive, obscene, offensive, or;
- constitutes unsolicited or unauthorized advertising, promotional materials or any spam or chain letters;
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software or hardware or telecommunications equipment or damage or obtain unauthorized access to any system, data, passwords or other information of the Company or third party, or
- represent any person or entity, including any employee or company representative.
In addition, you should not: (i) take any action that imposes or may impose (as determined by the company) a disproportionately large load on the infrastructure of the company (or their providers), (ii) interfere or attempt to interfere with the proper functioning of the Service or any activities conducted on the Service, (iii) run maillist, listserv, any form of automated response or "spam" in the Service, or (iv) the use of manual or automated software, devices, or other processes that corrupt and / or damaging any page of the Site.
You should not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or attempt to obtain any source code or underlying ideas or algorithms of any part of the Service, (ii) modify, translate, or create derivative works any part of the Service, or (iii) copy, rent, lease, distribute or transfer any rights that you receive then. You must comply with all local, state, national and international laws and regulations.
The Company does not warrant that any Content or User Submissions (as defined below) will be available on site or through the Service. The Company has no obligation to monitor content on the site, service, or user submissions. However, it reserves the right to (i) remove, modify or edit any content at its sole discretion, including without limitation, any user, the Site or the Service at any time without notice for any reason (including, but not limited to, upon receiving of complaints or allegations of third parties or authorities relating to the contents or whether the company is worried that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User of the Service.
Register
You may browse the site and view content without having registered, this gives the condition to use certain aspects of the Service. You can sign up for service with a password and user name ("User ID").
You must not: (i) select or use as a user ID or a domain name of another person with the intent to impersonate that person, (ii) use as a user ID or domain name of a subject to any rights a person other than you without appropriate authorization, or (iii) use as a user ID or a domain name that is offensive, insulting or obscene.
The Company reserves the right to refuse registration or cancel a user ID and domain in its sole discretion. You are only responsible for the activity that occurs on your account and will be responsible for maintaining the confidentiality of your password. You should never use someone elses account without permission from the user. You will immediately notify the Company in writing of any unauthorized use of your account or other breach of security related to what you are aware.
Registration and Publication Project
Makaha provides a service that aims to discover new talents and invest in entrepreneurs´s projects. After registering as a user, you have the option to register their projects on our network for only disclose them, without competing by our investment.
Posting your projects in our evaluation process, they will be participating of the community review and competing by our investment. Each project will have a custom profile, which will contain information of the project to be developed by the user, photos and video.
The Company reserves the right to refuse the registration of projects in its sole discretion. The user project owner is responsible for all information provided in the profile of your project.
Payments
The user account and projects in portalmakaha.com.br is free. However, to compete by Makaha investment, projects should be published. The first project that you publish in the “Service”, is free. To publish others, after the first, you will pay a little fee of $ 15.00 (fifteen dollars).
The user is aware that the "Company" may offer other services over time within the portalmakaha.com.br.
Links to Partners and Third Parties
The "Service" may allow you to connect, through links with other sites or Internet resources, and other websites or resources may contain links to other sites. When you access these links, you will be at your own risk. These other sites are not under control of the "Enterprise" and you acknowledge that the "Company" is not responsible for the content, functions, legality, accuracy, suitability or any other aspect of such sites or resources. The inclusion of any link does not imply endorsement by the "Company" or any association with your operators. User acknowledges and agrees that the "Company" shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any site or resource.
Intellectual Property Rights
Makaha owns the intellectual property rights relating to its own service, which are protected by Brazilian law and international treaties. The rights of Makaha not include any rights related to content created by users and displayed in portalmakaha.com.br The user who registers and public projects is the holder of intellectual property rights thereof, without any involvement of "service" with the full protection of the Brazilian legal system, especially the copyright law (9.610/98, property law industrial).
However, the user who registers and publishes project is aware that by using the portalmakaha.com.br, assumes the risk that your idea could be developed and copied by others. Makaha cannot prevent this from occurring, or has responsibility for this situation, that completely escapes his control.
The "Company" reserves the right, at its sole discretion, and as notified about it, delete project profiles and close accounts of users who infringe the intellectual property rights of others or violate other rights guaranteed by Brazilian law.
Governing Law and Choice of Law
The parties hereby elect the District of Porto Alegre, Rio Grande do Sul, as competent to resolve any disputes arising from this AGREEMENT, regardless of any other, however privileged it is or will be.
