FALOU TERMS OF SERVICE
This is the Terms of Service (the “Terms of Service” or “Agreement”)
for the Falou App and all websites and mobile apps owned or operated by MOYMER NEGÓCIOS E SERVIÇOS EM TECNOLOGIA LTDA, a limited liability
company incorporated in Brazil (“MOYMER” or “we” or “us”),
which includes MOYMER’s websites and
applications (“MOYMER APPS”) and any other applications,
interactive features, widgets and resources offered by MOYMER through website, mobile device or other platforms and any
and all associated services provided by MOYMER
in connection with any of the foregoing (all of which, are collectively
referred to the “Service”).
Please read these Terms of Service carefully before using the Service
offered by MOYMER or entering the
Service.
BY USING THE SERVICE IN ANY MANNER,
INCLUDING BUT NOT LIMITED TO ACCESSING, INSTALLING, VISITING, BROWSING,
SCRAPING OR CRAWLING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE.
We reserve the right, in our sole
discretion, to change these Terms of Service at any time, and will publish a
revised version of these Terms of Service on the Service with the new “Last
Updated” date as indicated at the end of this Agreement. Continued access
to and use of the Service following any such change means you accept and will
abide by the changes. In the event of a material change that may directly
affect your account, we will notify you such as by posting a pop-up message in
the Service, or updating the “Last Updated” date below.
This Service is offered subject to the terms of this Agreement, the Privacy Policy, and any
additional terms as requested by certain features of MOYMER Apps from time to time.
The Service is offered subject to the acceptance of:
A.
All of the terms and conditions contained herein “as
is”, no changes;
B.
All other operating rules, policies and procedures
that may be published from time to time on the Service by MOYMER;
C.
All additional terms and conditions promulgated
by MOYMER from time to time for the use of certain features of the
Service.
By accepting these Terms of Service, you agree to
abide by the terms of the Privacy Policy, where applicable.
You must be able to form
a binding agreement (in most jurisdictions, 18 years old) to be eligible to use
MOYMER APPS.
You may use the Service only if you can form a binding
contract with MOYMER, and only in
compliance with this Agreement and all applicable local, state, national, and
international laws, rules and regulations. You represent and warrant that you
are either more than the age of majority in your jurisdiction of residence, or
an emancipated minor, or possess legal or guardian consent and are competent to
enter into an agreement to accept these Terms of Service and to use the
Service. Any use or access to a MOYMER
APP by anyone under 13 is strictly prohibited and in violation of this
Agreement. The Service is not
available to any Users previously removed from the Service by MOYMER.
Normal message, data and
other rates may apply to your use of the
Service on your mobile device, certain Service features may be prohibited by
your mobile carrier.
The Service will be accessible via a mobile
phone, tablet or other wireless device (collectively, “Mobile
Services ”). Your mobile carrier’s normal
messaging, data, and other rates and fees will apply to your use of the Mobile
Services. In addition, downloading, installing, or using certain Mobile
Services may be prohibited or restricted by your mobile carrier, and not all
Mobile Services may work with all carriers or devices. Therefore, you are
solely responsible for checking with your mobile carrier to determine if the
Mobile Services are available for your mobile device(s), what restrictions, if
any, may be applicable to your use of the Mobile Services, and how much they
will cost you. Nevertheless, all use of the Service and the related Mobile Services must be in accordance with
this Agreement.
You agree to provide
accurate registration information without violating third party rights. You are
solely responsible for your account.
As a condition to using certain aspects of the
Service, you may be required to register with Service using your email, Apple Id or Google Id. You shall provide MOYMER with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of the Terms of Service, which may result in
immediate termination of your account.
You shall not:
A.
Select or use as a username a name of another
person with the intent to impersonate that person;
B.
Use as a username a name subject to any rights
of a person or entity other than you without appropriate authorization;
C.
Use a domain name (ex. www.nameofdomain.com);
D.
Use a phone number; or
E.
Use as a username a name
that is otherwise offensive, vulgar or obscene.
MOYMER reserves the right to
refuse registration of, or cancel a Username in its sole discretion. As your username is
linked to your email, Apple Id or Google Id account, without the need for password
authentication, you shall be responsible for keeping your mobile device in your
possession or control at all times and password protect access to your mobile
device. You shall never use another user’s
account without such other user’s express permission. You will immediately
notify MOYMER in writing of any
unauthorized use of your account, or other account related security breach of
which you are aware.
Although MOYMER will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for
the losses of MOYMER or others due
to unauthorized use.
The Service may display ads while you use the Service.
You may see banners, interstitials and rewarded ads as you interact with the
Service.
All the ads displayed on the Service are the sole
responsibility of the advertiser or the ad network platform and MOYMER will not
be liable for any content shown.
On some Services, you can use some
features of the Service for free,
but to have full-unlimited access to all the features of the Service you have to buy PREMIUM ACCESS. On other Services, to have full-unlimited access to all the features of the Service you have to buy PREMIUM ACCESS.
Depending on the Service, when you start using the Service your account will be set up as a FREE account, allowing you to access limited features of the
service free of any charges. At any time, you may buy a PREMIUM subscription which gives you access to all or part of the features of
the Service as set forth below:
A.
Depending on the Service, some features of the Service will be made available for the users with a FREE account so they can try the
Service. You understand that if you have a FREE
account, the access to these features may be restricted at any time. MOYMER doesn’t have the obligation to
provide you with free features and will choose to do so at its sole discretion.
B.
If you enjoy the Service,
you can buy a PREMIUM or PRO subscription that will grant access to all or part of
the features available on the Service
at the moment of the purchase. You understand and acknowledge that MOYMER may deactivate, change or
upgrade existing features at any time and at its sole discretion.
C.
If you decide to buy a PREMIUM or PRO subscription,
you must agree to the subscription period and to pay the full Price disclosed
on the moment of the purchase. You also agree and acknowledge that as you are
purchasing a subscription service, your account will be billed continuously for
the subscription until you terminate it as set forth below.
D.
You acknowledge and agree that the price for the
subscription may vary from time to time, with or without notice. Therefore, you
agree that on the renewal of your subscription you will be charged the most
updated price for the PREMIUM or PRO subscription.
E.
You acknowledge and agree that MOYMER may give special offers subject to extra terms or
restrictions and that these offers are non-transferable, non-cumulative and
can’t be shared with other users.
F.
At the moment you create your account, you may use a PROMOTIONAL CODE. A PROMOTIONAL CODE might give you a
discount that will vary depending on which code you use. You acknowledge and
agree that the discount may change or be cancelled at any time and that a PROMOTIONAL CODE has an undetermined
lifetime so it can be discarded by MOYMER
at any time.
G.
Depending on the subscription, when you buy the PREMIUM
or PRO subscription, all or part of the
available features will be instantly made available for you to use. However, if
at the time of the auto-renewal of your subscription we don’t receive a
confirmation that you have made the payment, you may lose access to all
features of the Service until your
payment is confirmed.
H.
Once you become a PREMIUM
or PRO user, we'll automatically
make all or part of the features of the Service available for you to use. Therefore, you
acknowledge and agree that you won’t be able to ask for a refund for the amount
paid.
I.
At the moment of an automatic renewal, you acknowledge
and agree that if the payment is not confirmed with success in less than 30
days, we can cancel your subscription and restrict your access to certain or
all features of the Service.
All payments will be processed by Apple if
you have an iOS device or by Google if you have an Android device. Therefore, you
acknowledge and agree that:
A.
If you buy a PREMIUM
or PRO subscription via an iOS device, in addition to these Terms of Service you agree
to the Terms of Service (https://www.apple.com/br/legal/internet-services/terms/site.html) and Privacy Policy (https://www.apple.com/legal/privacy/) of the Apple App Store.
B.
If you buy a
PREMIUM or PRO subscription via
an Android device, in addition to these Terms of Service you agree to the Terms
of Service (https://play.google.com/intl/en/about/play-terms.html) and Privacy Policy (https://policies.google.com/privacy?hl=en&gl=br) of the Google Play.
C.
If you decide to cancel your subscription, for any reason, you may enter
the App Store or Google Play (depending on which you first subscribed to PREMIUM or PRO) in any of the following links and follow the instructions: https://play.google.com/store
e https://www.apple.com/ios/app-store/.
D.
If you buy a PREMIUM or PRO subscription via an iOS device, this subscription can't be used on Android devices. As well as, PREMIUM or PRO subscriptions bought via Android devices, can't be used on iOS devices.
All content you see on the
Service, unless submitted by you, are owned or licensed by third parties. Your
use of the Service does not give you ownership to those content.
You agree that the Service contains MOYMER Content specifically provided by
MOYMER, its business partners and
other Service Users and that such MOYMER Content is protected,
(individually or as a collective work or compilation) by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary rights
and laws. The elements of the MOYMER
Content (collectively, “MOYMER Content”) include without limitation, the user interface, interactive
features, button icons, content, software, code, data, art, graphics,
animation, videos, images, text, music, sound effects, all audio and
audiovisual elements, look-and-feel, design, layout, organization,
presentation, navigation, compilation, trade dress and stylistic convention of
the Service and other materials you may view on or access through the Service. MOYMER Content also
includes all communication and comments made by other Service Users and any
other information or material uploaded by other Service Users on the Service. Your use of the
Service does not give you ownership of any MOYMER Content not submitted by you.
You do not have rights
to use MOYMER Content
in any manner other than those explicitly authorized under this Agreement.
You shall not sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, create derivative works from, or otherwise exploit any MOYMER Content or
third party submissions or other proprietary rights not owned by you,
A.
without the consent of the
respective owners or other valid right, or
B.
in any way that violates any third party right.
Subject to your complete
and ongoing compliance with this Agreement, MOYMER hereby
grants you a revocable, exclusive, non-transferable, non-sub licensable,
royalty-free and worldwide right and license to access and use the Service for
your personal, non-commercial use and solely in strict compliance with the
provisions of this Agreement.
Your use of the Service does not grant you the right to use
trademarks owned by MOYMER or third parties unless authorized under
this Agreement.
All trademarks, logos,
service marks and trade names, displayed on the Service or on MOYMER Content are registered or unregistered
Trademarks of MOYMER, its
business partners and/or others, and may not be used unless authorized by the
Trademark owner. Nothing contained on the Service should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the Service.
You acknowledge and agree that your
access to and use of the Service, the MOYMER Content and the services provided
through the Service constitute adequate consideration to you in exchange for
your agreement to comply with the terms of this Agreement. You waive any rights
to any revenues and/or goodwill MOYMER may generate from your use of the
Service.
A.
By posting User Content on the Service, you represent
and warrant that:
a.
You own the rights or licenses to your User Content, you have obtained the necessary consents from
people or organizations contributing to the content. You own, or have the necessary licenses, rights,
consents, and permissions to use and authorize MOYMER to use, all patent, trademark, copyright, or other
proprietary rights in and to any and all User Content to enable inclusion and
use of User Content in the manner contemplated by MOYMER and these Terms of Service, and to grant the rights
and license set forth in this Section. You have the consents from for all
persons appearing in, and all persons and entities otherwise licensing,
granting or contributing rights, materials or services in connection with, the
User Content, including without limitation, all persons performing or appearing
on camera or whose voice is audible in the User Content (including without
limitation, the rights to use their respective names, likenesses and
identities), all location releases, intellectual property (but specifically excluding
any logos or trademarks of foods or beverages or other similar items that may
appear in any User Content) licenses, clip licenses and music licenses, so that
the User Content is free and clear for MOYMER’s and your use under this Agreement;
b.
Your User Content does not infringe third party
rights. Your User Content, MOYMER 's
use of such User Content pursuant to this Agreement, and MOYMER 's
exercise of the license rights set forth in this Section, do not and will
not:
i.
Infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right;
ii.
Slander, defame, libel, or invade the right of
privacy, publicity or other property rights of any other person; or
iii.
Violate any applicable law or regulation;
c.
No payment needed. There is no need for any payment to any other person or entity, to
use, and to authorize us to use, your User Content in all manners contemplated
by these Terms of Service (including the User Content License set forth below).
B.
User Content License. You grant to MOYMER and its affiliates a non-exclusive, fully-paid,
royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in
whole or in part), assignable, worldwide with the right to grant and authorize
sublicenses, under all copyrights, trademarks, patents, trade secrets, privacy
and publicity rights and other intellectual property rights you own or control,
to use, reproduce, transmit, perform, display, exhibit, distribute, index,
comment on, modify, reformat, create derivative works based upon, perform and
otherwise exploit your User Content, in whole or in part, alone or in
combination with other content or material, in all media formats and channels
now known or hereafter devised (including by way of example but in no way a
limitation, the internet, mobile devices, and through any future means or
methods of downloading and/or streaming now known or hereinafter devised) in
connection with the Service and MOYMER's (and its successors’, transferees', sub licensees'
and their respective affiliates') business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof), all without further notice to you, with or without attribution, and
without the requirement of any permission from or payment to you or to any
other person or entity (the "User Content License"). We cannot
be responsible for maintaining your User Content that you provide to us, and we
may delete or destroy your User Content at any time. You grant MOYMER and its affiliates,
transferees and sub licensees (and their respective affiliates) the right to
use your name and Service Username that you submit in connection with such User
Content if they choose. You also agree to irrevocably waive (and cause to be
waived) any claims and assertions of moral rights or attribution with respect
to your User Content. You also hereby grant to each user of the Service a
non-exclusive license to access your User Content through the Service, and to
use, reproduce, distribute, modify, adapt, translate, prepare derivative works
of, display, and perform such User Content as permitted by the functionality of
the Service and these Terms of Service;
C.
No Responsibility for MOYMER Content. With
the exception of the limited license granted above, we do not obtain or control
any rights in, and do not exert editorial control over, MOYMER Content. Nothing herein
obligates us to verify, and we have not necessarily verified, the
representations and warranties made by Users with respect to such MOYMER Content.
You understand that MOYMER shall have the right to reformat, excerpt, or
translate any materials, content or information submitted by you; and that all
information publicly posted or privately transmitted through the Service or
otherwise through the Service is the sole responsibility of the person from
which such content originated and that MOYMER will not
be liable for any errors or omissions in any content; and that MOYMER cannot guarantee the identity of any other
users with whom you may interact in the course of using the Service.
You hereby appoint us as
your agent with full power to enter into and execute any document and/or do any
act we may consider appropriate to confirm the grant of rights, consents,
agreements, assignments and waivers set forth in these Terms of Service.
When making statements
about products or services on the Service, you
agree to abide by FTC Guidelines regarding Endorsements and Testimonials.
You agree that you will comply with all laws and
regulations regarding endorsements or testimonials made by you in any MOYMER Content or
User Content, including that you will
I.
Make only accurate statements that represent
your genuine experience with any product or service and
II.
Make all required disclosures pursuant to the Federal Trade
Commission’s (“ FTC ”)
Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such Guides may be amended from time-to-time
by the Federal Trade Commission. Follow this link for further information on
complying with the FTC’s guidance: https://www.ftc.gov/enforcement.
When you submit ideas to
MOYMER, we
are not obligated to use your ideas, nor are we obligated to compensate you if
we use your ideas, nor are we obligated to keep your
ideas confidential.
You may choose to or we
may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“User
Submission"). By submitting any User Submission, you agree that your
disclosure is gratuitous, unsolicited and without restriction and will not
place MOYMER under
any fiduciary or other obligation, and that we are free to use the User
Submission without any additional compensation to you, and/or to disclose the
Idea on a non-confidential basis or otherwise to anyone. You further
acknowledge that, by acceptance of your submission, MOYMER does not waive any rights to use similar or
related ideas previously known to MOYMER, or
developed by its employees, or obtained from sources other than you.
MOYMER is not
responsible for any content or interactions happening in the Service unless otherwise stated in this
Agreement.
"Public Forum"
means any area, site or feature that may be offered as part of any Service that
offers the opportunity for you to submit your User Content for viewing by one
or more Service Users, such as your
audio messages and text messages.
You are solely
responsible for your User Content submitted by you under your MOYMER Username. We have no duty to monitor any Public
Forum. You understand that when using the Service, you will be exposed to MOYMER Content from a variety of sources, and that MOYMER is not responsible for the appropriateness,
accuracy, usefulness, safety, or intellectual property rights of or relating to
such MOYMER Content.
You further understand and acknowledge that you may be exposed to MOYMER Content that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against MOYMER with respect thereto, and agree to indemnify
and hold MOYMER, its
parent, subsidiaries, affiliates, and/or business partners, harmless to the
fullest extent allowed by law regarding all matters related to your use of the
Service.
MOYMER does not
endorse any MOYMER Content
or any opinion, recommendation, or advice expressed therein, and MOYMER expressly disclaims any and all liability in
connection with MOYMER Content.
We owe you no obligation,
and therefore may refuse to post, deliver, remove, modify or otherwise use or
take any action with respect to your User Content that you submit.
Please keep in mind that
you are solely responsible for your interactions with other users. We reserve
the right, but have no obligation, to monitor disputes between you and other
users. MOYMER will
have no liability for your interactions with other users.
You warrant and agree that, while
accessing or using the Service, you will not, nor will you assist or permit any
person, to:
A.
Make unauthorized copies of any content made available
on or through the Service;
B.
Rent, lease, loan, resell, sublicense, distribute or
otherwise transfer the Service to
any third party or use the Service
to provide time sharing or similar services for any third party;
C.
Impersonate any person or entity or misrepresent your
affiliation with any other person or entity, whether actual or fictitious,
including anyone from the Service or MOYMER, or provide false personal information;
D.
Submit any materials or communicate any information
that (a) is defamatory, abusive, harassing, threatening, or an invasion of a
right of privacy of another person; (b) is bigoted, hateful, or racially or
otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise
sexually explicit; (d) harms or can reasonably be expected to harm any person
or entity; or (e) otherwise encourage users to perform any activity that puts
themselves or others at risk;
E.
Use the Service or its Service in violation of the
intellectual property or other proprietary or legal rights of MOYMER or any third party;
F.
Post content that actively promotes or glorifies
self-harm. This includes content that urges or encourages others to: cut or
injure themselves, embrace anorexia, bulimia, or other eating disorders, or
commit suicide rather than, e.g., seeking counseling or treatment, or joining
together in supportive conversation with those suffering or recovering from
depression or other conditions;
G.
Submit any materials or communicate any information
that is illegal or encourages or advocates illegal activity or the discussion
of illegal activities with the intent to commit them;
H.
Unless otherwise approved by MOYMER, submit any materials
or communicate any information that is commercial, business-related or
advertises or offers to sell any products, services or otherwise (whether or
not for profit), or solicits others (including solicitations for contributions
or donations);
I.
Use the Service or Service that MOYMER find, in its sole
discretion, to use MOYMER’s resources or MOYMER Content with the effect of or displacing the market
for MOYMER;
J.
Try to influence/modify the voting system that is an
integral part of the competitive system on the Service, such as Challenges;
K.
Use any device, software or routine to interfere or
attempt to interfere with the proper working of the Service, or any activity
conducted on the Service;
L.
Attempt to decipher, decompile, disassemble or reverse
engineer any of the software or source code comprising or making up the
Service;
M.
Delete or alter any material MOYMER or any other person or
entity posts on the Service;
N.
Access, tamper with, or use non-public areas of the
Service, the MOYMER’s (and its hosting company’s) computer systems and infrastructure, or the
technical delivery systems of the MOYMER’s providers;
O.
Create a new account with MOYMER, without MOYMER’s express written consent, if MOYMER has previously disabled
an account of yours;
P.
Solicit, or attempt to solicit, personal information
from other Users of the Service;
Q.
Restrict, discourage, or inhibit any person from using
the Service, disclose personal information about a third person on the Service
or obtained from the Service without the consent of that person, or collect
information about users of the Service;
R.
Gain unauthorized access to the Service, to other
Users’ accounts, names, or personally identifiable information, or to other
computers or websites connected or linked to the Service;
S.
Post any virus, worm, spyware, or any other computer
code, file, or program that may or is intended to disable, overburden, impair,
damage, or hijack the operation of any hardware, software, or
telecommunications equipment, or any other aspect of the Service or
communications equipment and computers connected to the Service;
T.
Violate any applicable federal, state, or local laws
or regulations or the terms of this Agreement.
You alone are responsible for the
consequences of any of your activities while you are visiting or using the
Service.
You will not be entitled
to third party advertising and sponsorship revenues generated by MOYMER.
You understand and agree
that third-party advertising or sponsorship, in any commercially reasonable
format, may be made available to users of the Service, including in connection
with uploaded entries. You expressly agree that you shall not be entitled to
any sharing or other compensation whatsoever for any revenue generated by (or
received by MOYMER for) the
display of any such advertisements or sponsorships.
You are solely responsible for your activities on third party sites you link to
from the Service.
The Service may contain links to third-party websites, apps,
advertisers, vendors, services or other events or activities that are not owned
or controlled by MOYMER (each, a “Linked
Site”). You acknowledge and agree that MOYMER does not operate
or control in any respect, or necessarily endorse, the information, content,
products, services, advertising, or other materials that may be found on a
Linked Site. When you link to a Linked Site, you become subject to their
terms of service and privacy policy rather than to ours. You assume sole and
complete responsibility for, and we do not accept any responsibility for any
losses or penalties incurred as a result of, your use of a Linked Site, any
transactions between you and the Linked Site, and any reliance on the contents
of a Linked Site is at your own risk.
MOYMER reserves
the right, but not the obligation, to monitor or review MOYMER Content. MOYMER may disclose any
information as requested by law, and reserves the right to refuse to post or
remove a MOYMER Content
for any reason, any time, with or without notice.
MOYMER reserves
the right, but does not have an obligation, to monitor and/or review all MOYMER Content posted to the Service or through the
Service’s services or features by users, and MOYMER is not
responsible for any such materials posted by users. However, MOYMER reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or government request. MOYMER shall have the right (but not the obligation) in
their sole discretion to refuse to post or remove any MOYMER Content that is available on the Service in
whole or in part at any time for any reason or no reason, with or without
notice and with no liability of any kind. We may also impose limits on
certain features or restrict your access to part or all of the features or
services without notice or penalty if we believe you are in breach of the
guidelines set forth in this paragraph, our terms and conditions or applicable
law, or for any other reason without notice or liability. If at any time MOYMER chooses, in its sole discretion, to monitor the
MOYMER Content, MOYMER nonetheless assumes no responsibility for such MOYMER Content, no obligation to modify or remove any
inappropriate MOYMER Content,
and no responsibility for the conduct of the user or other person or entity
submitting any such MOYMER Content.
To use the Service, you agree to also abide by the
terms and conditions of the App Store from which you download the Service.
You acknowledge and
agree that the availability of the Service
is dependent on the third party from whom you received the Service e.g., Google’s Google Play or Apple’s App Store (each,
an “App Store”). You acknowledge that this Agreement is between you and MOYMER and not with the App Store. Each App
Store may have its own terms and conditions to which you must agree before
downloading the Service from it.
You agree to comply with, and your license to use the Service is conditioned upon your
compliance with, all applicable terms and conditions of the applicable App
Store.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MOYMER AND ITS OFFICERS,
DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SPONSORS,
ADVERTISERS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES,
OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING
ATTORNEYS’ FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE
SERVICE; (II) YOUR CONTENT, INCLUDING MOYMER'S USE, DISPLAY OR
OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER
CONTENT; (III) YOUR VIOLATION OF THESE TERMS OF SERVICE; (IV) YOUR
VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT
ANY CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS,
WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF
YOUR ACCOUNT NOT CAUSED BY MOYMER. THE SERVICE RESERVES THE RIGHT, AT YOUR
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH
YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF
THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION
OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF MOYMER. MOYMER WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH
CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
MOYMER has adopted the following general
policy toward copyright infringement in accordance with the Digital Millennium
Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The
address of the designated Copyright Agent to receive Notification of Claimed Infringement
("Copyright Agent") is listed at the end of this Section.
A.
Reporting Copyright
Infringement. If you are a
copyright owner or an agent thereof, and believe that any MOYMER Content infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further
detail).
B.
MOYMER’s Action. Upon
receipt of proper notification of claimed copyright infringement, MOYMER will:
C.
Copyright
Counter-Notice. If the content provider
or user believes that the material that was removed or to which access was
disabled is either not infringing, or the content provider or user believes
that it has the right to post and use such material from the copyright owner,
the copyright owner's agent, or pursuant to the law, the content provider or
user must send a counter-notice containing the following information to the
Copyright Agent listed below:
If a counter-notice is received by the Copyright Agent,
MOYMER may send a copy
of the counter-notice to the original complaining party informing that person
that it may replace the removed material or cease disabling it in 10 business
days. Unless the copyright owner files an action seeking a court order against
the content provider or user, the removed material will be allowed to be
uploaded by the original sender or any event participant in 10 to 14 business
days or more after receipt of the counter-notice, at MOYMER 's discretion.
D.
Foreign
Counter-Notification. If you reside
outside of the United States, please understand that filing a counter-notice
may lead to legal proceedings between you and the complaining party to
determine ownership. Be aware that there may be adverse legal consequences in
your country and/or the United States of America if you make a false or bad
faith allegation by using this process. Please also be advised that we enforce
a policy that provides for the termination in appropriate circumstances of
access privileges for users who are infringers. So, if you are not sure whether
content you posted on the Service is being infringed, or are otherwise unsure
of whether to file a counter-notification using these procedures, we strongly
recommend you first contact a lawyer knowledgeable in the laws of the United
States and the State of New York. If you do wish to file a counter-notice, you
should follow the process set forth above under the heading "Copyright
Counter-Notification".
MOYMER’s designated Copyright Agent to receive notification of claimed
infringement is:
MOYMER
MOYMER NEGÓCIOS E
SERVIÇOS EM TECNOLOGIA LTDA
ATTN: Gabriel Santos
Rua Domingos de Morais, 2187, Bloco Paris, Cj 521
Vila Mariana, São Paulo,
SP BRAZIL 04035-000
Email:
copyright@moymer.com
E.
False Notifications of
Claimed Infringement or Counter Notifications. The Copyright Act provides that:
Any person who knowingly materially misrepresents under Section 512 of the
Copyright Act (17 U.S.C. § 512) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or
misidentification, will be liable for any damages, including costs and
attorney's fees, incurred by the alleged infringer, by any copyright owner or
copyright owner’s authorized licensee, or by a service provider, who is injured
by such misrepresentation, as the result of [the Company] relying upon such
misrepresentation in removing or disabling access to the material or activity
claimed to be infringing, or in replacing the removed material or ceasing to
disable access to it.
17 U.S.C.
§ 512(f).
The Company reserves the
right to seek damages from any party that submits a Notification of Claimed
Infringement or Counter Notification in violation of the law.
MOYMER controls and
operates the Service from offices in Brazil. We make no representation that MOYMER Content is appropriate or authorized for use in all
countries, states, provinces, counties or any other jurisdictions. Not all
products or services mentioned on the Service are available to all persons or
in all geographic locations or jurisdictions MOYMER, its business
partners and vendors reserve the right to limit the provision of their products
or services to any person, geographic area, or jurisdiction they so desire and
to limit the quantities of any products or services that they provide. Any
content, offer or service on the website is void where prohibited and the user
automatically indemnifies MOYMER from any legal or
statutory outcomes resulting from their decision or action. MOYMER reserves the right to block access to the Service by
certain international users. When you access the Service, you are responsible
for compliance with all applicable local laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOYMER AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “MOYMER PARTIES”) MAKE NO WARRANTIES REPRESENTATIONS
ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON SERVICE, INCLUDING BUT NOT
LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETE APPROPRIATENESS, TIMELINESS OR
RELIABILITY THEREOF. THE MOYMER PARTIES
WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY
CONTENT ON THE SERVICE OR OTHER INFORMATION CONVEYED TO ANY USER, OR FOR
ERRORS, MISTAKES OR OMISSIONS THEREIN FOR ANY DELAYS OR INTERRUPTIONS OF THE
DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOUR
USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY
RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
THE MOYMER PARTIES DO NOT WARRANT THAT THE SERVICE WILL
OPERATE ERROR FREE, OR THAT SERVICE AND ANY CONTENT THEREON ARE FREE OF
COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE
OF THE SERVICE OR ANY CONTENT THEIR RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE
RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND ALL
CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. ACCORDINGLY, THE MOYMER PARTIES
DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR
USE OF THE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE
SERVICE SPECIFICALLY DISCLAIMS SUCH
WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING
ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT
AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION
WHERE YOU ACCESS OR USE THE SERVICE, THE SERVICES OR THE CONTENT.
IN NO EVENT WILL ANY MOYMER PARTY BE LIABLE
FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING
FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY
CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MOYMER PARTY HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES.
MOYMER’s LIABILITY, AND
THE LIABILITY OF ANY OTHER SERVICE
PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF WHAT YOU HAVE PAID US FOR THE PAST THREE MONTHS AND U.S. $100.
The Service is operated by MOYMER from its
facilities in Brazil. MOYMER makes no
representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR
INJURIES THAT ARISE OUT OF THE SERVICE’S
ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR
SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY
WEB SITE, APP, PROPERTY, PRODUCT, PROGRAM, CONTENT OR OTHER TEXT/AUDIO/VISUAL
CONTENT OWNED OR CONTROLLED BY OR LICENSED TO MOYMER AND YOU WILL HAVE
NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,
ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SERVICE, SERVICES, CONTENT,
PRODUCT, PROGRAM, MUSIC, YOUR USER CONTENT OR OTHER TEXT/AUDIO/VISUAL CONTENT
OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE
SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER,
COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY,
AND YOU IRREVOCABLY RELEASE THE MOYMER PARTIES FROM ANY AND ALL CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
When you visit our Service, you acknowledge that in using the Service to
send electronic communications (including but not limited to email, search
queries, uploading videos, photos and files to Service and other Internet
activities), you will be causing communications to be sent through MOYMER’s computer
networks, portions of which may be located in various locations in the United
States and portions of which are located abroad. As a result, and also as a
result of MOYMER’s network
architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature will
result in the transmission of U.S. interstate communications regardless of
where you are physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the service
results in U.S. interstate data transmissions.
The Service is hosted in the United
States. If you are a user accessing the Service from the European Union, Asia,
North America or any other region with laws or regulations governing personal
and business data collection, use, and disclosure, that differ from U.S. laws,
please be advised that through your continued use of the Service, which are
governed by U.S. law, our Privacy Policy, and our Terms of Service, you are transferring your
personal and business information to United States and you consent to the
transfer, storage, and processing of your information, including but not
limited to User Content and any personal information, to and in United States
and/or other countries. If you are using the Service from a country embargoed
by the United States, you agree that you will not conduct any commercial activities
using or through the Service.
MOYMER may
terminate, change, limit, suspend or discontinue any aspect of the Service at
any time. MOYMER may
restrict, suspend or terminate your access to the Service and/or this Agreement
if we reasonably believe or suspect you have acted inappropriately on the
Service or you are in breach of these Terms of Service or applicable law, or
for any other reason without notice or liability. Additionally, MOYMER may terminate or limit use or access privileges
to the Service of users who are repeat infringers of intellectual property
rights and third party rights. Please note that deleting your User Content or
uninstalling the Service does not
terminate this Agreement or cancel your account. You may terminate this Agreement and cancel your account at any time, via the functionality offered in the app or by contacting us at help@moymer.com. This Agreement
is effective until terminated by you, or by MOYMER for any
reason, with or without notice. Upon any termination of this Agreement, you
agree to discontinue your use and access of the Service and to immediately
destroy all materials obtained from it.
In event that the account is terminated, we will retain and use
your information as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements. We may retain and continue to display
Information that you post in areas of the Service that are accessible by
others. Also, information that you post in such areas may be retained,
copied, reposted and distributed by others.
All provisions of the Terms of Service, which by their nature
should survive termination, shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitation of liability.
The following additional terms and
conditions apply to you if you are using a MOYMER App from the Apple App Store.
To the extent the other terms and conditions of this Agreement are less
restrictive than, or otherwise conflict with, the terms and conditions of this Section 28, the more restrictive or
conflicting terms and conditions in this Section
28 apply, but solely with respect to the MOYMER App from the Apple App Store.
A.
Agreement not with
Apple, but Apple terms govern if more restrictive: MOYMER and you acknowledge that this Agreement is concluded
between MOYMER and you only, and not with Apple, and MOYMER, not Apple, is solely
responsible for the MOYMER App and the content thereof. To the extent this
Agreement provides for usage rules for MOYMER App that are less restrictive than the Usage Rules set
forth for MOYMER App in, or otherwise is in conflict with, the App
Store Terms of Service, the more restrictive or conflicting Apple term applies;
B.
Limited license: The license granted to you for MOYMER App is limited to a
non-transferable license to use MOYMER App on an iOS product that
you own or control and as permitted by the Usage Rules set forth in the App
Store Terms of Service;
C.
Apple not responsible
for maintenance and support: MOYMER is solely responsible
for providing any maintenance and support services with respect to MOYMER App, as specified in
this Agreement (if any), or as required under applicable law. MOYMER and you acknowledge that
Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to MOYMER App;
D.
No warranty from Apple: MOYMER is solely responsible for any product warranties,
whether expressed or implied by law, to the extent not effectively disclaimed. In
the event of any failure of MOYMER App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price for MOYMER App to you; and to the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to MOYMER App, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty will be MOYMER’s sole responsibility;
E.
Apple not responsible
for product claims: MOYMER and you acknowledge that MOYMER, not Apple, is responsible for addressing any claims
of you or any third party relating to MOYMER App or your possession and/or use of MOYMER App, including, but not
limited to: (i)
product liability claims; (ii)
any claim that MOYMER App fails to conform to any applicable legal or
regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation. This Agreement
does not limit MOYMER’s liability to you beyond what is permitted by applicable law;
F.
Apple not responsible
for intellectual property infringements claims: MOYMER and you acknowledge that, in the event of any third
party claim that MOYMER App or your possession and use of MOYMER App infringes that third
party’s intellectual property rights, MOYMER, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim;
MOYMER and you
acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, Apple will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a third
party beneficiary thereof.
Except for users accessing the Service from the United States, you will resolve
any claim, cause of action or dispute (claim) you have with us arising out of
or relating to this Terms of Service exclusively in the civil courts of the
Court of District of São Paulo-SP, Brazil and you agree to submit to the
personal jurisdiction of such courts for the purpose of litigating all such
claims. The laws of Brazil, will govern this Terms of Service, as well as any
claim that might arise between you and us, without regard to conflict of law
provisions.
For users accessing the Service from the United States, you agree to the
dispute resolution described below.
A.
Mandatory Arbitration. For users accessing the Service from the United
States, for any dispute with MOYMER, you agree to first contact us at help@moymer.com and attempt to resolve
the dispute with us informally. In the unlikely event that MOYMER has not been able to
resolve a dispute it has with you after sixty (60) days, we each agree to
resolve any claim, dispute, or controversy (excluding any claims for injunctive
or other equitable relief as provided below) arising out of or in connection
with or relating to this Agreement, or the breach or alleged breach thereof
(collectively, “Claims"), by binding arbitration. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a
judge or jury, allows for more limited discovery than in court, and is subject
to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. Please visit www.adr.org for more information;
a.
Commencing Arbitration. A party who intends to seek arbitration must first
send to the other, by a reputable courier with a tracking mechanism, a written
notice of intent to arbitrate (a “Notice”), or, in the absence of a
mailing address provided by you to the Company, to you via any other method
available to the Company, including via e-mail. The Notice to the Company
should be addressed to RUA DOMINGOS DE MORAIS, 2187, BLOCO PARIS, CJ521, VILA
MARIANA, SAO PAULO, SP BRAZIL, 04035-0000, Attn: Chief Executive Officer (the “Arbitration
Notice Address”). The Notice must (A) describe the nature and basis of the
claim or dispute; and (B) set forth the specific relief sought (the “Demand”).
If you and the Company do not reach an agreement to resolve the claim within 30
days after the Notice is received, you or the Company may commence an
arbitration proceeding as set forth below or file a claim in small claims
court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL
ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED
DISPUTES ("Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules
and AAA forms are available at http://www.adr.org. If you are required to pay a filing fee to commence
arbitration against MOYMER, then MOYMER will promptly reimburse you for your confirmed payment
of the filing fee upon the MOYMER’s receipt of Notice at the Arbitration Notice Address
that you have commenced arbitration along with a receipt evidencing payment of
the filing fee, unless your Demand is equal to or greater than U.S.$1,000 or
was filed in bad faith, in which case you are solely responsible for the
payment of the filing fee;
b.
Arbitration Proceeding. The arbitration will be conducted in English. A
single independent and impartial arbitrator with his or her primary place of
business in New York County, New York will be appointed pursuant to the Rules,
as modified herein. You and MOYMER agree the following rules, which are intended to
streamline the dispute resolution process and reduce the costs and burdens on
the parties: (A) the arbitration will be conducted online and/or be solely
based on written submissions, the specific manner to be chosen by the party
initiating the arbitration; (B) the arbitration will not require any personal
appearance by the parties or witnesses unless otherwise mutually agreed in
writing by the parties; and (C) any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction;
c.
No Class Actions/Jury Trial Waiver. REGARDLESS OF WHETHER YOU HAVE OBTAINED
OR USED THE MOYMER APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, YOU
AGREE THAT ALL DISPUTES BETWEEN YOU AND MOYMER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION
AND THAT YOU AND MOYMER WAIVE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOU MAY
BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR MOYMER WILL PARTICIPATE IN A
CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS
AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT BY A PRIVATE
ATTORNEY GENERAL OR IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS
INVOLVING ANOTHER PERSON’S ACCOUNT;
d.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator
will issue his or her decision within 120 days from the date the arbitrator is
appointed. The arbitrator may extend this time limit for an additional 30 days
in the interests of justice. All arbitration proceedings will be closed to the
public and confidential, and all records relating thereto will be permanently
sealed, except as necessary to obtain court confirmation of the arbitration
award. The award of the arbitrator will be in writing and will include a
statement setting forth the reasons for the disposition of any claim. The
arbitrator will apply the laws of the State of New York in conducting the
arbitration. You acknowledge that these terms and your use of the Service
evidence a transaction involving interstate commerce. The United States
Federal Arbitration Act will govern the interpretation, enforcement, and
proceedings pursuant to the Mandatory Arbitration clause in this Agreement;
B.
Equitable Relief. Nothing in this Section shall be deemed as preventing MOYMER from seeking injunctive
or other equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation or violation of MOYMER’s
data security, intellectual property or other proprietary rights. You
acknowledge that, in the event MOYMER or a third party breaches this Agreement, the damage
or harm, if any, caused to you will not entitle you to seek injunctive or other
equitable relief against MOYMER, and your only remedy will be for monetary damages,
subject to the limitations of liability set forth in this Agreement;
C.
Claims.
You and MOYMER agree that, notwithstanding any other rights the party
may have under law or equity, any cause of action arising out of or related to
this Agreement or the Service, excluding a claim for indemnification, must
commence within one year after the cause of action accrues. Otherwise, such
cause of action is permanently barred;
D.
Improperly Filed Claims. All claims you bring against MOYMER must be resolved in
accordance with this Dispute Resolution Section. All claims filed or brought
contrary to this Dispute Resolution Section will be considered improperly
filed. Should you file a claim contrary to this Dispute Resolution Section, MOYMER may recover attorneys’
fees and costs up to $5,000, provided that MOYMER has notified you in writing of the improperly filed
claim, and you have failed to promptly withdraw the claim;
E.
Modifications.
In the event that MOYMER makes any future change to the Mandatory Arbitration
provision (other than a change to MOYMER’s Arbitration Notice Address), you may reject any such
change by sending us written notice within 30 days of the change to MOYMER’s
Arbitration Notice Address, in which case your account with MOYMER and your license to use
the Service will terminate immediately, and this Dispute Resolution provision,
as in effect immediately prior to the amendments you reject, will survive the
termination of this Agreement;
F.
Enforceability. If only Section 30.i.c or the entirety of this Section 30 is found to
be unenforceable, then the entirety of this Section 30 will be null and void
and, in such case, the parties agree that the exclusive jurisdiction and venue
described in Section 31 will govern any action arising out of or related to
this Agreement.
This Agreement is
governed by the internal substantive laws of the State of New York without
respect to its conflict of laws provisions. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree to submit to the personal jurisdiction of the
federal and state courts located in New York County, New York for any actions
for which we retain the right to seek injunctive or other equitable relief in
court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary rights,
as set forth in the Mandatory Arbitration provision above, including any
provisional relief required to prevent irreparable harm. You agree that New
York County, New York is the proper forum for any appeals of an arbitration
award or for trial court proceedings in the event that the arbitration
provision above is found to be unenforceable.
You agree that MOYMER may assign any of its rights and licenses
granted hereunder and/or transfer, subcontract or delegate any of its
obligations under this Agreement without restriction. This Agreement is
personal to you and you may not transfer or assign it to a third party. This
means that in the event you dispose of any device on which you have installed
any MOYMER App,
such as by sale or gift, you are responsible for deleting any such MOYMER App from your mobile device prior to such
disposition.
Our failure to exercise
or enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision.
If any part of this
Agreement is determined to be invalid or unenforceable under applicable law
including but not limited to the warranty disclaimers and liability limitations
stated above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Agreement shall
continue in effect.
MOYMER may
provide you with notices, including those regarding changes to these Terms of
Service, by postings on the Service, which includes push notifications.
Also, you consent to using push notifications (if notification is
turned on by you) to send you MOYMER App
related notices, including any notices required by law, in lieu of
communication by postal mail. You may provide MOYMER with notices only by mail to the address
indicated below:
MOYMER
MOYMER NEGÓCIOS E
SERVIÇOS EM TECNOLOGIA LTDA
Rua Domingos de Morais, 2187, Bloco Paris, Cj 521
Vila Mariana, São Paulo,
SP BRAZIL 04035-000
This Agreement
constitutes the entire agreement between you and MOYMER with respect to the Service and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and MOYMER with
respect to the Service. A printed version of this Agreement and of any
notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent as other business documents and records originally generated and
maintained in printed form.
Any rights not expressly
granted in this Agreement are reserved to MOYMER.
Last Updated: February 14th, 2024