GENERAL TERMS AND CONDITIONS OF USE
This website (“Website”) is owned and operated by Bits Produções Ltda., a company registered with the CNPJ/ME under n. 04.310.171/0001-78 (“BITS”).
These General Terms and Conditions of Use (“Terms of Use”) contain the terms and conditions for using the BITS’ Website, which allows its users to attend lectures, play selected games, obtain information about and register for the Big Festival ( “You” or “User”). These Terms of Use are intended to define the rules of access and use of the WEBSITE by You.
BY USING THE WEBSITE, YOU AUTOMATICALLY AGREE TO ALL THE RULES OF THESE TERMS OF USE AND OTHER CONDITIONS MENTIONED HEREIN, BEING FULLY RESPONSIBLE FOR ANY AND ALL ACTS PERFORMED BY YOU ON THE WEBSITE, AS WELL AS FOR THE CONSEQUENCES RELATED TO ITS USE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU SHOULD NOT USE THE WEBSITE.
In order to access the Website, in addition to accepting these Terms of Use, the User must also accept the BITS Privacy Policy, available here. The Big Festival Regulation and Complementary Terms are also included in these Terms of Use. IT IS THE USER'S OBLIGATION TO COMPLY WITH THE RULES OF THESE TERMS OF USE, THE WEBSITE'S PRIVACY POLICY, THE BIG FESTIVAL REGULATIONS AND THE ADDITIONAL TERMS.
1. WHAT DOES THE WEBSITE OFFER?
1.1. Features. The Website allows You to (i) view the full schedule and have access to online lecture links and in-person lecture ticket sales links; (ii) play selected games online and in person, and talk to game developers; (iii) submit your game to the Big Festival and to other calls for projects; (iv) subscribe to the newsletters produced by BITS and partners; (v) have access to the E-Sports Amateur Tournament, Big Jobs and the system for scheduling meetings with professionals (“Services”).
1.2. Personal use. Access to the Website and the use of the Services made available are intended for the User's personal use, and their access and use for commercial purposes is not authorized, except in the case of using the system for scheduling professional meetings.
2. REGISTRATION AND LOGIN
2.1. In order to register, when necessary, You must voluntarily provide information about yourself, by filling in data in the fields requested by BITS such as name, photo, email, company name, age, place of birth, country, password, in accordance with the Privacy Policy. You undertake to keep your data always up to date. It is forbidden to intentionally assume another person's personality.
2.2. From the moment of registration, You will be the holder of a personal and non-transferable account, through the login created or through the email informed, in the case of the website or totems to play electronic games. You will be solely responsible for all activities on your account, including but not limited to any sharing, transmission, posting of text, files, links, software, games, photographs, video, sound, music or other information or materials.
2.3. Your registration on the WEBSITE will be automatically terminated, and your access to the WEBSITE will be blocked if BITS identifies or has reason to suspect that your registration was created from false information and/or that your activity(ies) account implies any of the following actions:
a. Harassing, threatening, embarrassing or causing discomfort or embarrassment to any other user of the Services or any other natural or legal person;
B. Post or transmit any content that BITS deems, in its sole discretion, disruptive, illegal, harmful, threatening, abusive, vexatious, defamatory, vulgar, obscene, hateful or racially or ethnically motivated or otherwise objectionable;
ç. In any Service, impersonate any other person, including, without limitation, a director or representative of BITS;
d. Post or transmit any unauthorized advertising, promotional materials or any other use of the Services other than those permitted by these Terms of Use;
e. Willfully or unintentionally violate any applicable local, state, federal or international law, including, without limitation, any regulations having the force of law, while using or accessing any Services;
f. Infringe any third party rights, including but not limited to intellectual property rights or the like.
2.4. The data provided in the registration will enable BITS to contact You. BITS shall not be liable for any fact arising from your inability to receive notifications sent by BITS to an address not updated by You.
3. BLOCKING AND CANCELLATION OF ACCESS TO THE WEBSITE
3.1. Block. BITS may block your access to the WEBSITE in the cases provided for in clause 2.3 of these Terms of Use. In these cases, when you try to access your login, it will no longer be available. In the event that your access to the WEBSITE is blocked, You must contact BITS to rectify your situation. BITS is not responsible and will not have the duty to compensate the User for blocking his/her access to the WEBSITE.
3.2. Cancellation. The User has the right to request the cancellation of their registration on the Website at any time, by requesting our help desk, which can be accessed here. BITS reserves the right to cancel, at any time, the registration of any User, if it identifies bad faith and/or the occurrence of misuse of the Website, fraud, obtaining benefit or advantage illegally or failure to comply with any of the conditions set out in these Terms of Use or applicable law. In such cases, no compensation will be payable to the User or third parties for the damage caused.
4. SERVICES
4.1. Talks. The User will be able to view the complete schedule of online and in-person talks by accessing the field “Program”on the Website. It is possible to filter the schedule of talks by date, location, vertical or availability and obtain a description of the content of each session and its speakers.
4.1.1. The schedule's online talks list will contain (i) date and time; (ii) access link, through which the session will be broadcast; and (iii) maximum number of participants. To watch, simply access the corresponding link, on the correct date and time. You will not be able to access the session that has already reached the limit of participants.
4.1.2. The list of in-person talks will contain (i) the date and time of the session; and (ii) link to reserve and purchase tickets for the corresponding event. There is no ticket purchase for individual lectures, only for daily events. Your ticket will give you full access to the event, allowing you to attend all the lectures to be given at the event that day.
4.1.3. In-person talks are subject to capacity on a first come, first served basis. If You have a credential that offers reserved seats in a talk, the reservation will be available in a specific line up to 10 (ten) minutes before the start of the lecture. After this period, the place will no longer be guaranteed.
4.2. If you are a speaker or participate in the business meetings area, you must log in to a specific area of the website.
4.2.1. The business meetings area is a communication system between Users for scheduling meetings with each other, online and in person, which is available here.
4.2.2. The business meetings area only mediates the scheduling of meetings and communication between registered Users. THE DECISION TO COMMUNICATE, TO DISCLOSE ITS GEOGRAPHICAL LOCATION, TO CARRY OUT JOINT ACTIVITIES OR TO MEET OTHER PEOPLE IN PERSON OR ONLINE IS SOLE AND EXCLUSIVELY OF THE USER. FURTHERMORE, BITS DOES NOT MONITOR OR CONTROL ANY INFORMATION PUBLISHED OR SHARED BY YOU OR ANY THIRD PARTIES IN THE MEETING AREA OF THE WEBSITE. IT IS THE ENTIRE AND EXCLUSIVE RESPONSIBILITY OF THE USER TO CHECK THE ACCURACY OF THE INFORMATION PROVIDED BY THE PERSON AND THE SAFETY OF FINDING IT OR CARRYING OUT ANY ACTIVITIES WITH IT.
4.2.3. If the User chooses to communicate, carry out activities or meet in person with other third parties, BITS will have no responsibility for the content, purpose or reason for such communication, activity or meeting.
4.2.4. Direct contact with professionals and companies through the meeting system, as well as the function of requesting and scheduling meetings, is only available to Users who have a specific credential for the area of business meetings.
4.3. Online games. By accessing the field “Game Exhibition” on the Website, You will be able to select one of our games to play or speak with its developer.
4.3.1. You can play it online, by filling in information such as e-mail, year of birth and gender. Some games will be available for free online, others upon payment to the responsible studio and/or distributor, as indicated in each game.
4.3.2. By selecting the option “Talk to the developers” of each game, you will be forwarded to a third party website, for registration and contact with the developers of the selected game.
4.3.3. Games in the physical event. The games selected for the event will be available to be played in the event venue in different computer stations. Each station will have a set time limit for playing the game, after which it will be necessary to return to the end of the queue or go to another station. Extra games may also be made available at different booths of partners and sponsors of the event.
4.3.4. Since these are games and contents that are often not yet officially released to the public, there may be failures in their execution. In case of failures, the responsibility for remedying them is exclusive to the developers.
4.3.5. BITS only displays third party games and/or content and cannot be held responsible in any way for any game failures or malfunctions.
4.4. Submit your game or talk suggestion to us. By accessing the field “Take Part” on the Website, You will be able to select options for submitting your game or suggestions of talks to the Big Festival, to Big Brands or to other specific calls and verticals organized by BITS and its partners. To submit the game or lecture suggestion, just access each of the forms, as indicated. In some cases, it will be necessary to register a login and password. In other cases, You just need to send the information indicated on the forms, with information about the contents, video links, company proof documents, illustrations and detailed explanations about the proposal, about the game project or about the ready-made game, demo of game, contact information, among others.
4.5. Newsletter. To receive notifications of talks and news from the Website by e-mail, simply indicate your e-mail address in the specific field of the newsletter at the end of the Website's homepage.
4.6. E-Sports and Big Jobs. You will be able to access specific links for E-Sports Amateur Tournaments and Big Jobs in the fields “E-Sports” and “Jobs” of the Website, respectively. Both portals will be subject to the Big Festival Regulation and specific Complementary Terms.
5. WHAT ARE BITS' RIGHTS OVER THE WEBSITE?
5.1. License of Use. Subject to these Terms of Use, BITS grants the User a personal, limited, temporary, non-exclusive and non-transferable license to use the Website only to enjoy its functionalities set out in clause 1.1 of these Terms of Use. The authorization granted here does not allow commercial exploitation of the Website, with the exception of the system for scheduling professional meetings. The blocking of the User's access to the Website, for any reason, implies the suspension or cancellation of the license granted herein.
5.2. BITS content. All intellectual property rights relating to the Website, the contents and talks made available on the Website, as well as all its functionalities, are the exclusive property of and/or are licensed to BITS, including with regard to its texts, images, brands, layouts, software, codes, databases, graphics, articles, photographs, videos, audiovisual works and other content produced directly or indirectly by BITS (“BITS Content”).
5.2.1. BITS Content is protected by intellectual property legislation, including copyright, industrial property rights, among others. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, explore, scrape and/or reverse engineer BITS Content for any purpose without authorization prior and express notice of BITS. Any unauthorized use of BITS Content will be considered a violation of BITS' intellectual property rights and will entail the User's duty to indemnify BITS for the misuse, in accordance with applicable law.
5.2.2. BITS reserves the right, at its sole discretion and at any time, to change or remove, in whole or in part, the BITS Content, including functionalities, without any prior communication to the User and without any compensation being owed to him, but in no case the User's rights will be affected.
5.2.3. Nothing in these Terms of Use shall be construed as a restriction or waiver of any rights of BITS over the Website and/or the BITS Content, nor the transfer to Users of the intellectual property rights of BITS.
5.3. Improvements. Any and all development, arrangement, improvement, update or new version carried out by BITS on the Website, in its functionalities and/or in the BITS Content, even if at the suggestion or request of the User, will be considered to be the property of BITS, and BITS may employ them freely and, without limitation, adapt them, improve them, transform them, reproduce them, distribute them, market them, bring them to registration, assign them and license them, in any capacity and at its sole discretion.
5.4. Feedback. You acknowledge that BITS is free to use, apply, modify, publish, reproduce and market any comments, information, ideas, concepts, opinions, techniques and/or any other materials contained in any communication You send to BITS, whether through the Website or other channels of communication, including, without limitation, any suggestions, requests for improvements, recommendations made by You to BITS, whether or not related to the BITS Content and/or the Website ("Feedback"). You hereby assign to BITS all intellectual property rights related to the Feedbacks, free of charge, irrevocable, irreversible, total, perpetual and global, without any remuneration, recognition, payment or indemnification being due to You. You represent and warrant that, prior to this assignment, you were the rightful owner of all intellectual property rights in the Feedbacks and that the offering of the Feedbacks to BITS, including this assignment, does not violate any third party rights.
6. WHAT ARE THE PRACTICES CONSIDERED TO BE PROHIBITED?
6.1. Prohibitions. You are aware and agree that, when using the WEBSITE, it is strictly prohibited: (i) to assign, sublicense, sell, donate, dispose, rent, distribute, transmit or transfer, in whole or in part, to third parties, in any manner, to any title, as well as copying, modifying, expanding, reducing, adapting, translating, decompiling, disassembling, reverse engineering or otherwise economically exploiting the Website, the BITS Content, including the data and information made available by the Website, as well as using it them (a) for purposes that are not provided for in these Terms of Use or in the Big Festival Regulation, or, (b) for the creation or supply of other products or services competing with the Website; (ii) disseminate or install viruses or any other malicious code, file or software with the purpose of interrupting, destroying, improperly accessing, limiting or interfering with the functioning or security of the Website, as well as information, data and equipment of BITS, of others Users of the WEBSITE or third parties, or for any other unlawful purpose; (iii) use and access the WEBSITE or the BITS Content or perform acts that impair their security, integrity, availability and/or their normal operation; (iv) access the Website, or any data contained therein, in an unauthorized manner; (v) violate the privacy of other Users of the Website; and (vi) perform any act contrary to current legislation or these Terms of Use.
7. WHAT ARE THE USER'S AND BITS' RESPONSIBILITIES?
7.1. Use of the WEBSITE. You are solely responsible for the use of the WEBSITE and must comply with the rules of these Terms of Use as well as applicable law. BITS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, DIRECT OR INDIRECT, CAUSED AS A RESULT OF THE USER'S VIOLATION OF THE PROVISIONS OF THIS CLAUSE OR OF YOUR MISUSE OR INABILITY TO USE THE WEBSITE, INCLUDING DAMAGES ARISING FROM ACCESS BY ANY THIRD PARTIES TO YOUR USER'S ACCOUNT PASSWORD.
7.2. Third Party Services. BITS uses third-party services to maintain the functioning of the WEBSITE (for example, transmission of lectures and hosting services), and, therefore, such services may eventually fail. BITS will not be liable for any losses, damages (direct or indirect) and lost profits arising from any failure of these third parties' services, but, as far as possible, will keep the User informed of deadlines and measures taken to remedy such failure.
7.3. Decisions. BITS IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND UPDATING OF THE INFORMATION GIVEN BY THIRD PARTIES IN TALKS AND, THEREFORE, DOES NOT ASSUME ANY RESPONSIBILITY BASED THEREIN. THE USER HEREBY DISCLAIMS BITS FROM ANY AND ALL RESPONSIBILITY FOR LOSSES AND DAMAGES, DIRECT AND INDIRECT, CAUSED TO THE USER OR TO THIRD PARTIES DUE TO DECISIONS THAT HE MAY TAKE IN CONNECTION WITH INFORMATION OBTAINED IN THE WEBSITE.
7.4. Third Party Websites. The Website may contain links that direct You to websites and other third party applications that do not belong to and are not controlled by BITS. BITS in no way endorses, verifies, guarantees or has any connection with the owners of these websites or applications, and is not responsible for their content, including the products and/or services made available there, for the accuracy, veracity and completeness of the information, policies, practices or opinions expressed on any such third-party websites and applications with which You interact through the Website.
7.5. WEBSITE UNAVAILABILITY. BEARING IN MIND THE CHARACTERISTICS OF THE INTERNET'S ENVIRONMENT, BITS IS NOT RESPONSIBLE FOR FAILURES OF ACCESS OR NAVIGATION ON THE WEBSITE ARISING FROM CIRCUMSTANCES ALIEN TO ITS WILL AND CONTROL, SUCH AS INTERRUPTIONS OR SUSPENSIONS OF THE CONNECTION, INCOMPLETE OR FAILED COMPUTER TRANSMISSIONS AS WELL AS FOR TECHNICAL FAILURE OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC MALFUNCTION OF ANY NETWORK, HARDWARE OR SOFTWARE OF THE USER OR THIRD PARTIES, INTERNET FAILURES IN GENERAL, POWER OUTAGES, ELECTRONIC OR PHYSICAL MALFUNCTION OF ANY TELECOMMUNICATION NETWORK. BITS EXEMPTS ITSELF FROM ANY LIABILITY ARISING OUT OF SUCH FACTS AND/OR ACTS.
7.6. Exemption of Liability. BITS, its affiliates, partners, employees or collaborators shall not, under any circumstances, be held liable for damages, direct or indirect, resulting from, or related to, the User's access or use of the Website or their incapacity to access or use the Website.
7.7. PENALTIES. THE USER IS RESPONSIBLE FOR ANY AND ALL VIOLATIONS OF THESE TERMS OF USE AND APPLICABLE LAW, WHETHER BY ACTION OR OMISSION. IN THE EVENT OF A INFRINGEMENT BY THE USER, DUE TO BREACH OF THESE TERMS OF USE, BREACH OF ANY APPLICABLE LAW OR RIGHTS OF BITS AND/OR THIRD PARTIES, THE USER WILL RESPOND, BEFORE BITS AND THIRD PARTIES, FOR ALL DAMAGES AND LOSSES, DIRECT AND/OR INDIRECT, WHICH IT CAUSES, INCLUDING SUBJECT TO THE CIVIL AND CRIMINAL SANCTIONS PROVIDED FOR IN APPLICABLE LAW. THE USER AGREES TO INDEMNIFY BITS FOR THE DAMAGES CAUSED, INCLUDING IN CASES OF DEMANDS BROUGHT BY OTHER USERS AND/OR THIRD PARTIES.
7.8. Use outside Brazil. BITS makes no representation that its Content and Services offered on the Website are available for use in locations other than Brazil. Those who choose to access the Website from locations outside Brazil will do so at their own initiative and at their own risk and expense, and will be responsible for complying with all applicable local legislation.
8. WHAT ELSE THE USER NEEDS TO KNOW ABOUT THESE TERMS OF USE?
8.1. Changes. These Terms of Use may be changed at any time. However, whenever any modification occurs, You will be informed by means of a notice on the Website at the time You access it, with a link to the updated version of the Terms of Use.
8.2. Autonomy. These Terms of Use do not create any other form of relationship between You and BITS, including, without limitation, mandate, representation, partnership, association, employment relationship or similar.
8.3. Assignment. BITS may assign the rights and obligations under these Terms of Use to companies of the same economic or corporate group, without any communication being due to You.
8.4. Applicable Law and Jurisdiction. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts and situations not provided for in these Terms of Use must first be resolved by BITS and, if they persist, must be resolved by the jurisdiction of the District of São Paulo, to the exclusion of any other, however privileged it may be or may become.
8.5. Contact. If You have any questions or wish to make a comment, suggestion, complaint or compliment to BITS, You may contact BITS by clicking here.
This website (“Website”) is owned and operated by Bits Produções Ltda., a company registered with the CNPJ/ME under n. 04.310.171/0001-78 (“BITS”).
These General Terms and Conditions of Use (“Terms of Use”) contain the terms and conditions for using the BITS’ Website, which allows its users to attend lectures, play selected games, obtain information about and register for the Big Festival ( “You” or “User”). These Terms of Use are intended to define the rules of access and use of the WEBSITE by You.
BY USING THE WEBSITE, YOU AUTOMATICALLY AGREE TO ALL THE RULES OF THESE TERMS OF USE AND OTHER CONDITIONS MENTIONED HEREIN, BEING FULLY RESPONSIBLE FOR ANY AND ALL ACTS PERFORMED BY YOU ON THE WEBSITE, AS WELL AS FOR THE CONSEQUENCES RELATED TO ITS USE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU SHOULD NOT USE THE WEBSITE.
In order to access the Website, in addition to accepting these Terms of Use, the User must also accept the BITS Privacy Policy, available here. The Big Festival Regulation and Complementary Terms are also included in these Terms of Use. IT IS THE USER'S OBLIGATION TO COMPLY WITH THE RULES OF THESE TERMS OF USE, THE WEBSITE'S PRIVACY POLICY, THE BIG FESTIVAL REGULATIONS AND THE ADDITIONAL TERMS.
1. WHAT DOES THE WEBSITE OFFER?
1.1. Features. The Website allows You to (i) view the full schedule and have access to online lecture links and in-person lecture ticket sales links; (ii) play selected games online and in person, and talk to game developers; (iii) submit your game to the Big Festival and to other calls for projects; (iv) subscribe to the newsletters produced by BITS and partners; (v) have access to the E-Sports Amateur Tournament, Big Jobs and the system for scheduling meetings with professionals (“Services”).
1.2. Personal use. Access to the Website and the use of the Services made available are intended for the User's personal use, and their access and use for commercial purposes is not authorized, except in the case of using the system for scheduling professional meetings.
2. REGISTRATION AND LOGIN
2.1. In order to register, when necessary, You must voluntarily provide information about yourself, by filling in data in the fields requested by BITS such as name, photo, email, company name, age, place of birth, country, password, in accordance with the Privacy Policy. You undertake to keep your data always up to date. It is forbidden to intentionally assume another person's personality.
2.2. From the moment of registration, You will be the holder of a personal and non-transferable account, through the login created or through the email informed, in the case of the website or totems to play electronic games. You will be solely responsible for all activities on your account, including but not limited to any sharing, transmission, posting of text, files, links, software, games, photographs, video, sound, music or other information or materials.
2.3. Your registration on the WEBSITE will be automatically terminated, and your access to the WEBSITE will be blocked if BITS identifies or has reason to suspect that your registration was created from false information and/or that your activity(ies) account implies any of the following actions:
a. Harassing, threatening, embarrassing or causing discomfort or embarrassment to any other user of the Services or any other natural or legal person;
B. Post or transmit any content that BITS deems, in its sole discretion, disruptive, illegal, harmful, threatening, abusive, vexatious, defamatory, vulgar, obscene, hateful or racially or ethnically motivated or otherwise objectionable;
ç. In any Service, impersonate any other person, including, without limitation, a director or representative of BITS;
d. Post or transmit any unauthorized advertising, promotional materials or any other use of the Services other than those permitted by these Terms of Use;
e. Willfully or unintentionally violate any applicable local, state, federal or international law, including, without limitation, any regulations having the force of law, while using or accessing any Services;
f. Infringe any third party rights, including but not limited to intellectual property rights or the like.
2.4. The data provided in the registration will enable BITS to contact You. BITS shall not be liable for any fact arising from your inability to receive notifications sent by BITS to an address not updated by You.
3. BLOCKING AND CANCELLATION OF ACCESS TO THE WEBSITE
3.1. Block. BITS may block your access to the WEBSITE in the cases provided for in clause 2.3 of these Terms of Use. In these cases, when you try to access your login, it will no longer be available. In the event that your access to the WEBSITE is blocked, You must contact BITS to rectify your situation. BITS is not responsible and will not have the duty to compensate the User for blocking his/her access to the WEBSITE.
3.2. Cancellation. The User has the right to request the cancellation of their registration on the Website at any time, by requesting our help desk, which can be accessed here. BITS reserves the right to cancel, at any time, the registration of any User, if it identifies bad faith and/or the occurrence of misuse of the Website, fraud, obtaining benefit or advantage illegally or failure to comply with any of the conditions set out in these Terms of Use or applicable law. In such cases, no compensation will be payable to the User or third parties for the damage caused.
4. SERVICES
4.1. Talks. The User will be able to view the complete schedule of online and in-person talks by accessing the field “Program”on the Website. It is possible to filter the schedule of talks by date, location, vertical or availability and obtain a description of the content of each session and its speakers.
4.1.1. The schedule's online talks list will contain (i) date and time; (ii) access link, through which the session will be broadcast; and (iii) maximum number of participants. To watch, simply access the corresponding link, on the correct date and time. You will not be able to access the session that has already reached the limit of participants.
4.1.2. The list of in-person talks will contain (i) the date and time of the session; and (ii) link to reserve and purchase tickets for the corresponding event. There is no ticket purchase for individual lectures, only for daily events. Your ticket will give you full access to the event, allowing you to attend all the lectures to be given at the event that day.
4.1.3. In-person talks are subject to capacity on a first come, first served basis. If You have a credential that offers reserved seats in a talk, the reservation will be available in a specific line up to 10 (ten) minutes before the start of the lecture. After this period, the place will no longer be guaranteed.
4.2. If you are a speaker or participate in the business meetings area, you must log in to a specific area of the website.
4.2.1. The business meetings area is a communication system between Users for scheduling meetings with each other, online and in person, which is available here.
4.2.2. The business meetings area only mediates the scheduling of meetings and communication between registered Users. THE DECISION TO COMMUNICATE, TO DISCLOSE ITS GEOGRAPHICAL LOCATION, TO CARRY OUT JOINT ACTIVITIES OR TO MEET OTHER PEOPLE IN PERSON OR ONLINE IS SOLE AND EXCLUSIVELY OF THE USER. FURTHERMORE, BITS DOES NOT MONITOR OR CONTROL ANY INFORMATION PUBLISHED OR SHARED BY YOU OR ANY THIRD PARTIES IN THE MEETING AREA OF THE WEBSITE. IT IS THE ENTIRE AND EXCLUSIVE RESPONSIBILITY OF THE USER TO CHECK THE ACCURACY OF THE INFORMATION PROVIDED BY THE PERSON AND THE SAFETY OF FINDING IT OR CARRYING OUT ANY ACTIVITIES WITH IT.
4.2.3. If the User chooses to communicate, carry out activities or meet in person with other third parties, BITS will have no responsibility for the content, purpose or reason for such communication, activity or meeting.
4.2.4. Direct contact with professionals and companies through the meeting system, as well as the function of requesting and scheduling meetings, is only available to Users who have a specific credential for the area of business meetings.
4.3. Online games. By accessing the field “Game Exhibition” on the Website, You will be able to select one of our games to play or speak with its developer.
4.3.1. You can play it online, by filling in information such as e-mail, year of birth and gender. Some games will be available for free online, others upon payment to the responsible studio and/or distributor, as indicated in each game.
4.3.2. By selecting the option “Talk to the developers” of each game, you will be forwarded to a third party website, for registration and contact with the developers of the selected game.
4.3.3. Games in the physical event. The games selected for the event will be available to be played in the event venue in different computer stations. Each station will have a set time limit for playing the game, after which it will be necessary to return to the end of the queue or go to another station. Extra games may also be made available at different booths of partners and sponsors of the event.
4.3.4. Since these are games and contents that are often not yet officially released to the public, there may be failures in their execution. In case of failures, the responsibility for remedying them is exclusive to the developers.
4.3.5. BITS only displays third party games and/or content and cannot be held responsible in any way for any game failures or malfunctions.
4.4. Submit your game or talk suggestion to us. By accessing the field “Take Part” on the Website, You will be able to select options for submitting your game or suggestions of talks to the Big Festival, to Big Brands or to other specific calls and verticals organized by BITS and its partners. To submit the game or lecture suggestion, just access each of the forms, as indicated. In some cases, it will be necessary to register a login and password. In other cases, You just need to send the information indicated on the forms, with information about the contents, video links, company proof documents, illustrations and detailed explanations about the proposal, about the game project or about the ready-made game, demo of game, contact information, among others.
4.5. Newsletter. To receive notifications of talks and news from the Website by e-mail, simply indicate your e-mail address in the specific field of the newsletter at the end of the Website's homepage.
4.6. E-Sports and Big Jobs. You will be able to access specific links for E-Sports Amateur Tournaments and Big Jobs in the fields “E-Sports” and “Jobs” of the Website, respectively. Both portals will be subject to the Big Festival Regulation and specific Complementary Terms.
5. WHAT ARE BITS' RIGHTS OVER THE WEBSITE?
5.1. License of Use. Subject to these Terms of Use, BITS grants the User a personal, limited, temporary, non-exclusive and non-transferable license to use the Website only to enjoy its functionalities set out in clause 1.1 of these Terms of Use. The authorization granted here does not allow commercial exploitation of the Website, with the exception of the system for scheduling professional meetings. The blocking of the User's access to the Website, for any reason, implies the suspension or cancellation of the license granted herein.
5.2. BITS content. All intellectual property rights relating to the Website, the contents and talks made available on the Website, as well as all its functionalities, are the exclusive property of and/or are licensed to BITS, including with regard to its texts, images, brands, layouts, software, codes, databases, graphics, articles, photographs, videos, audiovisual works and other content produced directly or indirectly by BITS (“BITS Content”).
5.2.1. BITS Content is protected by intellectual property legislation, including copyright, industrial property rights, among others. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, explore, scrape and/or reverse engineer BITS Content for any purpose without authorization prior and express notice of BITS. Any unauthorized use of BITS Content will be considered a violation of BITS' intellectual property rights and will entail the User's duty to indemnify BITS for the misuse, in accordance with applicable law.
5.2.2. BITS reserves the right, at its sole discretion and at any time, to change or remove, in whole or in part, the BITS Content, including functionalities, without any prior communication to the User and without any compensation being owed to him, but in no case the User's rights will be affected.
5.2.3. Nothing in these Terms of Use shall be construed as a restriction or waiver of any rights of BITS over the Website and/or the BITS Content, nor the transfer to Users of the intellectual property rights of BITS.
5.3. Improvements. Any and all development, arrangement, improvement, update or new version carried out by BITS on the Website, in its functionalities and/or in the BITS Content, even if at the suggestion or request of the User, will be considered to be the property of BITS, and BITS may employ them freely and, without limitation, adapt them, improve them, transform them, reproduce them, distribute them, market them, bring them to registration, assign them and license them, in any capacity and at its sole discretion.
5.4. Feedback. You acknowledge that BITS is free to use, apply, modify, publish, reproduce and market any comments, information, ideas, concepts, opinions, techniques and/or any other materials contained in any communication You send to BITS, whether through the Website or other channels of communication, including, without limitation, any suggestions, requests for improvements, recommendations made by You to BITS, whether or not related to the BITS Content and/or the Website ("Feedback"). You hereby assign to BITS all intellectual property rights related to the Feedbacks, free of charge, irrevocable, irreversible, total, perpetual and global, without any remuneration, recognition, payment or indemnification being due to You. You represent and warrant that, prior to this assignment, you were the rightful owner of all intellectual property rights in the Feedbacks and that the offering of the Feedbacks to BITS, including this assignment, does not violate any third party rights.
6. WHAT ARE THE PRACTICES CONSIDERED TO BE PROHIBITED?
6.1. Prohibitions. You are aware and agree that, when using the WEBSITE, it is strictly prohibited: (i) to assign, sublicense, sell, donate, dispose, rent, distribute, transmit or transfer, in whole or in part, to third parties, in any manner, to any title, as well as copying, modifying, expanding, reducing, adapting, translating, decompiling, disassembling, reverse engineering or otherwise economically exploiting the Website, the BITS Content, including the data and information made available by the Website, as well as using it them (a) for purposes that are not provided for in these Terms of Use or in the Big Festival Regulation, or, (b) for the creation or supply of other products or services competing with the Website; (ii) disseminate or install viruses or any other malicious code, file or software with the purpose of interrupting, destroying, improperly accessing, limiting or interfering with the functioning or security of the Website, as well as information, data and equipment of BITS, of others Users of the WEBSITE or third parties, or for any other unlawful purpose; (iii) use and access the WEBSITE or the BITS Content or perform acts that impair their security, integrity, availability and/or their normal operation; (iv) access the Website, or any data contained therein, in an unauthorized manner; (v) violate the privacy of other Users of the Website; and (vi) perform any act contrary to current legislation or these Terms of Use.
7. WHAT ARE THE USER'S AND BITS' RESPONSIBILITIES?
7.1. Use of the WEBSITE. You are solely responsible for the use of the WEBSITE and must comply with the rules of these Terms of Use as well as applicable law. BITS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, DIRECT OR INDIRECT, CAUSED AS A RESULT OF THE USER'S VIOLATION OF THE PROVISIONS OF THIS CLAUSE OR OF YOUR MISUSE OR INABILITY TO USE THE WEBSITE, INCLUDING DAMAGES ARISING FROM ACCESS BY ANY THIRD PARTIES TO YOUR USER'S ACCOUNT PASSWORD.
7.2. Third Party Services. BITS uses third-party services to maintain the functioning of the WEBSITE (for example, transmission of lectures and hosting services), and, therefore, such services may eventually fail. BITS will not be liable for any losses, damages (direct or indirect) and lost profits arising from any failure of these third parties' services, but, as far as possible, will keep the User informed of deadlines and measures taken to remedy such failure.
7.3. Decisions. BITS IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND UPDATING OF THE INFORMATION GIVEN BY THIRD PARTIES IN TALKS AND, THEREFORE, DOES NOT ASSUME ANY RESPONSIBILITY BASED THEREIN. THE USER HEREBY DISCLAIMS BITS FROM ANY AND ALL RESPONSIBILITY FOR LOSSES AND DAMAGES, DIRECT AND INDIRECT, CAUSED TO THE USER OR TO THIRD PARTIES DUE TO DECISIONS THAT HE MAY TAKE IN CONNECTION WITH INFORMATION OBTAINED IN THE WEBSITE.
7.4. Third Party Websites. The Website may contain links that direct You to websites and other third party applications that do not belong to and are not controlled by BITS. BITS in no way endorses, verifies, guarantees or has any connection with the owners of these websites or applications, and is not responsible for their content, including the products and/or services made available there, for the accuracy, veracity and completeness of the information, policies, practices or opinions expressed on any such third-party websites and applications with which You interact through the Website.
7.5. WEBSITE UNAVAILABILITY. BEARING IN MIND THE CHARACTERISTICS OF THE INTERNET'S ENVIRONMENT, BITS IS NOT RESPONSIBLE FOR FAILURES OF ACCESS OR NAVIGATION ON THE WEBSITE ARISING FROM CIRCUMSTANCES ALIEN TO ITS WILL AND CONTROL, SUCH AS INTERRUPTIONS OR SUSPENSIONS OF THE CONNECTION, INCOMPLETE OR FAILED COMPUTER TRANSMISSIONS AS WELL AS FOR TECHNICAL FAILURE OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, THE ELECTRONIC MALFUNCTION OF ANY NETWORK, HARDWARE OR SOFTWARE OF THE USER OR THIRD PARTIES, INTERNET FAILURES IN GENERAL, POWER OUTAGES, ELECTRONIC OR PHYSICAL MALFUNCTION OF ANY TELECOMMUNICATION NETWORK. BITS EXEMPTS ITSELF FROM ANY LIABILITY ARISING OUT OF SUCH FACTS AND/OR ACTS.
7.6. Exemption of Liability. BITS, its affiliates, partners, employees or collaborators shall not, under any circumstances, be held liable for damages, direct or indirect, resulting from, or related to, the User's access or use of the Website or their incapacity to access or use the Website.
7.7. PENALTIES. THE USER IS RESPONSIBLE FOR ANY AND ALL VIOLATIONS OF THESE TERMS OF USE AND APPLICABLE LAW, WHETHER BY ACTION OR OMISSION. IN THE EVENT OF A INFRINGEMENT BY THE USER, DUE TO BREACH OF THESE TERMS OF USE, BREACH OF ANY APPLICABLE LAW OR RIGHTS OF BITS AND/OR THIRD PARTIES, THE USER WILL RESPOND, BEFORE BITS AND THIRD PARTIES, FOR ALL DAMAGES AND LOSSES, DIRECT AND/OR INDIRECT, WHICH IT CAUSES, INCLUDING SUBJECT TO THE CIVIL AND CRIMINAL SANCTIONS PROVIDED FOR IN APPLICABLE LAW. THE USER AGREES TO INDEMNIFY BITS FOR THE DAMAGES CAUSED, INCLUDING IN CASES OF DEMANDS BROUGHT BY OTHER USERS AND/OR THIRD PARTIES.
7.8. Use outside Brazil. BITS makes no representation that its Content and Services offered on the Website are available for use in locations other than Brazil. Those who choose to access the Website from locations outside Brazil will do so at their own initiative and at their own risk and expense, and will be responsible for complying with all applicable local legislation.
8. WHAT ELSE THE USER NEEDS TO KNOW ABOUT THESE TERMS OF USE?
8.1. Changes. These Terms of Use may be changed at any time. However, whenever any modification occurs, You will be informed by means of a notice on the Website at the time You access it, with a link to the updated version of the Terms of Use.
8.2. Autonomy. These Terms of Use do not create any other form of relationship between You and BITS, including, without limitation, mandate, representation, partnership, association, employment relationship or similar.
8.3. Assignment. BITS may assign the rights and obligations under these Terms of Use to companies of the same economic or corporate group, without any communication being due to You.
8.4. Applicable Law and Jurisdiction. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts and situations not provided for in these Terms of Use must first be resolved by BITS and, if they persist, must be resolved by the jurisdiction of the District of São Paulo, to the exclusion of any other, however privileged it may be or may become.
8.5. Contact. If You have any questions or wish to make a comment, suggestion, complaint or compliment to BITS, You may contact BITS by clicking here.
