Terms of Use
This website (‘website’) is owned and operated by Bits Produções Ltda. (‘ORGANIZER’). These Terms of Use (‘Terms of Use’ of ‘ToU’) rule and are applicable to its use and any further use of your User Account by a third person, as well as the use of this Website and its Services (as defined infra). Your use of the Website and/or any of its Services implies your agreement to be governed by these Terms of Use and the ORGANIZER’s Privacy Policy (‘Privacy Policy’), which are incorporated to this instrument as reference.
For the purposes of these Terms of Use, the terms defined hereafter will bear the following meanings:
The ORGANIZER grants you non-exclusive and non-transferable limited right and license of access, use, and private exhibition of the Website and the Website Content as described by this instrument, solely for personal use by means of a computer connected to the Website over Internet, as long as you fully comply with these Terms of Use. You will be allowed to ‘cache’ Website pages with the sole purpose of increasing the speed and efficacy of your access to the Website. Any other use or reproduction of any parts of the Website are not allowed and will configure a violation of these Terms of Use and its copyrights. You shall not interfere in the Website operation nor attempt to do so by any form, means or device, which includes, among others, spam, hacking, computer virus or timebomb, and any other means explicitly prohibited by any disposition of these Terms of Use or the governing Legislation.
MODIFICATIONS TO THE WEBSITE AND/OR ITS TERMS OF USE
The ORGANIZER preserves itself the right to modify, alter, add or exclude any part of the Website, the Website Content, the Terms of Use and/or the Privacy Policy, partially or in whole, at any time. The modifications to the Terms of Use and the Privacy Policy will be effective once published. You must agree to periodically review the Terms of Use and the Privacy Policy to take notice of any modifications. After any modifications of the Terms of Use and/or the Privacy Policy are published, your use of the Website will be considered as acceptance to such modifications and will establish your consent to be governed by its terms.
MODIFICATIONS TO THE WEBSITE PROPERTY
In case of incorporation, acquisition or sale of all or substantially all of the ORGANIZER’s assets or this particular Website to a further owner or operator, your continued use of the Website will imply your consent to be governed by the Terms of Use and the Privacy Policy of the further owner or operator of the Website. It will also imply that you agree with the disclosure and use, by the further owner or operator of the Website, of any information of yours contained in the ORGANIZER or the Website database.
PROPERTY OF TRADEMARK, COPYRIGHT, INTELLECTUAL PROPERTY
The Website, the Website Content, the Website Code and all the copyrights, trademarks, service marks, trade names, and any other intellectual property rights or related property rights are the exclusivity of the ORGANIZER, who holds its ownership or that of its licensors and content providers (which includes the Website users), and are protected under the terms of the applicable national and international legislations of copyrights. Unless specifically authorized in writing by the ORGANIZER, you are not allowed to copy, capture, reproduce, make, transfer, sell, license, modify, manipulate, create derivative works, republish, transfer, edit, publish, transmit, publicly exhibit, structure, distribute or explore, partially or in whole, the Website, the Website Content or the Website Code, or, by any other means, use the Website, the Website Content or the Website Code in any other Internet website, computer network environment or any other vehicle currently known or further developed (each of these activities considered as ‘Unauthorized Use’).
The Unauthorized Use consists of violation of copyrights and other exclusive rights held by the ORGANIZER and/or its licensors and content providers, thus also constituting a violation of these Terms of Use.
WEBSITE SERVICES AND USE CONDITIONS
The Website offers services for displaying information, making usage of selected submitted games for participation on BIG Festival in accordance to its Regulation.
The User agrees not to use the Site to break the law, nor to cause harm to others through any means, including, but not limited to, sending unsolicited messages, defamation, publicizing unauthorized information, divulging false information including that about oneself.
The User agrees to indemnify the ORGANIZER for each and every claims, damages, losses and causes of action ensuing from his/her use of the Website or from the failure of his/her part in complying with these Terms of Use.
REGISTRATION AND ACCEPTANCE OF THE TERMS
As consideration for the use of Services, you agree to (i) comply with the Conditions, (ii) provide correct, precise and complete information regarding yourself that might be necessary in any Services’ registration form (your ‘Register Information’) in order to create your User Account, and (iii) keep and update your Register Information, as applicable, with current, complete and correct information, whether on the Website itself or through Facebook. Users who violate the Conditions or provide imprecise, false or non-updated Register Information might, at the ORGANIZER’s sole discretion, have their User Accounts suspended or closed, and might as well have their access permanently banned to whatever current or future Services provided. The User states to acknowledge that providing false or incorrect information aiming at deceive or damage other people or gain advantage consists a crime. The Users expressly authorize the ORGANIZER to provide their register information to relevant public authorities on these and other subjects, as well as in the case of a formal request in the terms of the Brazilian law.
You also agree to appropriately quit all the Services after finishing your session. The ORGANIZER will not be responsible for any damage or loss resulting from your use of a User Account, the Website or any other Service, as well as from your failure to comply with such requirements.
SERVICE USE GUIDELINES
You will be fully responsible for all the activities conducted by you and/or any other user of your User Account and the Services, including the transmission, publication and any other disposition of texts, files, links, software, games, photos, video, audio, music or any other information or material (‘Published Content’) in the context of Services. Find below a non-exhaustive list of the violations that might result in the closure or suspension of your User Account and access to the Services, by the ORGANIZER. You agree not to practice any of the following actions during the use of whichever Service of the ORGANIZER:
1. Harass, threat, constrain or cause discomfort or embarrassment to any other participant or user of the Service or to any other person or entity;
2. Transmit Published Content regarding any of the Services that the ORGANIZER, at its exclusive discretion, considers to be disruptive, illegal, harmful, threatening, abusive, vexing, defamatory, vulgar, obscene, hateful, racially or ethnically motivated, or reprehensible by any other means;
3. Impersonate someone else in any Service context, which includes, among others, a director or representative of the ORGANIZER;
4. Publish or transmit any advertisement, unsolicited promotional material or perform any other kind of request in any Service context;
5. Violate, whether intentionally or not, any applicable municipal, state, federal or international law, which includes, among others, any legally binding regulations during the use or access to whichever Services;
6. Invade the privacy or violate any personal or proprietary right of another party, whether a person or entity;
7. Violate intellectual property or similar right, which includes, among others, copyrights and trademark rights of any other person or entity.
WEBSITES WITH LINKS
The Website might show and/or contain links with advertisements or information of websites other than the ORGANIZER’s. Other websites might as well make reference to, announce or contain links to the ORGANIZER’s Website. The ORGANIZER shall not be held responsible for the content or privacy practices of websites that do not belong to the ORGANIZER, and waives any responsibility connected to its use or the content of other websites and advertisements.
USERS NOT RESIDING IN BRAZIL
The ORGANIZER does not state in any form that the Website Content, including its sales-related services, are available for use in locations other than Brazil. Those who opt for accessing the Website outside of Brazil shall proceed on their own initiative, as well as on their own discretion and risk, and shall be held responsible for complying with local legislations, if and to the extent of their applicability.
JURISDICTION MATTERS
The Website is controlled and operated by the ORGANIZER from its headquarters in Brazil. The use of this Website confirms your consent and compliance to Brazilian laws.
TERMINATION
You acknowledge and agree that the ORGANIZER might, at its exclusive discretion and at any time, cancel your password, User Account or the access to any Services, for any reason. The ORGANIZER might also, at its exclusive discretion and at any time, cancel any Websites or Services, as well as limit or restrain the access of any given User to such instances for any reason. You also acknowledge and agree that the ORGANIZER might undertake one or more of these actions without notice, whether previously or by any other means. If the ORGANIZER undertakes any of such referred actions, it might, at its exclusive discretion, immediately deactivate and/or exclude any or all of the information regarding your User Account, including your Register Information and Submissions. You acknowledge and agree that the ORGANIZER shall not be held responsible concerning you or any other person for the termination of your access to any such Services and/or the removal of information referring to your User Account.
EXCLUSION
You acknowledge and agree that the ORGANIZER might, at its exclusive discretion and at any time, cancel your password, User Account or the access to any Services, for any reason. The ORGANIZER might also, at its exclusive discretion and at any time, cancel any Websites or Services, as well as limit or restrain the access of any given User to such instances for any reason. You also acknowledge and agree that the ORGANIZER might undertake one or more of these actions without notice, whether previously or by any other means. If the ORGANIZER undertakes any of such referred actions, it might, at its exclusive discretion, immediately deactivate and/or exclude any or all of the information regarding your User Account, including your Register Information and Submissions. You acknowledge and agree that the ORGANIZER shall not be held responsible concerning you or any other person for the termination of your access to any such Services and/or the removal of information referring to your User Account.
LIMITATION OF RESPONSIBILITY
UNDER ANY CIRCUMSTANCES, WHICH INCLUDES CASES OF NEGLECT, AMONG OTHERS, THE ORGANIZER SHALL BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL OR EMERGING DAMAGES ENSUING FROM THE USE OR IMPOSSIBILITY OF USE OF THE WEBSITE, WEBSITE CONTENT, CODE, SERVICES OR SOFTWARE, EVEN IF THE ORGANIZER HAS BEEN INFORMED ON THE POSSIBILITY OF SUCH DAMAGES. ALTHOUGH THE ORGANIZER TAKES PRECAUTIONS AGAINST SAFETY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION CAN BE COMPLETELY SAFE AND, AS SUCH, THE ORGANIZER WILL NOT BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL OR EMERGING DAMAGES THAT MIGHT RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS OR ANY OTHER EVENTUAL VIOLATIONS. UNDER ANY CIRCUMSTANCES, THE ORGANIZER’S TOTAL RESPONSIBILITY REGARDING YOU FOR ALL THE DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER BY CONTRACT, CIVIL OFFENSE (INCLUDING CASES OF NEGLECT, AMONG OTHERS) OR BY ANY OTHER MEANS, MIGHT EXCEED THE AMOUNT PAID BY YOU TO THE ORGANIZER, IF ANY, TO ACCESS THIS WEBSITE.
INCOMMUNICABILITY
In case any of the dispositions of these Terms of Use is considered illegal, null or impracticable, for any reason, such disposition shall then be considered apart from these Terms of Use and will not affect the validity or practicability of any remaining dispositions.
LAW ENFORCEMENT
You agree to comply with any applicable laws, conditions and regulations concerning your activities under these Terms of Use, including, among others, the regulations and terms of Facebook.
APPLICABLE LAW; ARBITRATION; JURISDICTION
These Terms of Use and the Privacy Policy will be interpreted and executed in accordance with Brazilian laws, without regard to your principles of choice of law.
The User agrees that each and every arising dispute or controversy of any nature and at any time regarding the Website, the use of your User Account, any of the ORGANIZER’s Services, these Terms of Use or the Privacy Policy, will be settled by the Central Court of the State of São Paulo, Brazil, excluding any other jurisdiction, although privileged it might be. The aforementioned jurisdiction will be considered duly competent and convenient regarding such dispute or controversy.
This website (‘website’) is owned and operated by Bits Produções Ltda. (‘ORGANIZER’). These Terms of Use (‘Terms of Use’ of ‘ToU’) rule and are applicable to its use and any further use of your User Account by a third person, as well as the use of this Website and its Services (as defined infra). Your use of the Website and/or any of its Services implies your agreement to be governed by these Terms of Use and the ORGANIZER’s Privacy Policy (‘Privacy Policy’), which are incorporated to this instrument as reference.
For the purposes of these Terms of Use, the terms defined hereafter will bear the following meanings:
- (A) ‘Services’ mean each and every service on the Website or offered by it, whether or not they are furnished or delivered by other means or media, such as software or wireless devices;
- (B) ‘Website’ refers to this website;
- (C) ‘Website Content’ means any and all human-readable visual and/or audio elements of this Website, whether they are owned or created by the ORGANIZER or by third parties, which includes, among others, texts, graphic elements, images, illustrations, photographs, animations, video works, audio or audiovisual material, drawings, logos, information and any other content made available on the Website; (D) ‘Website Code’ stand for each and every basic element of the Website, which includes, among others, its source code, script, object code, software, computer programs, as well as any other set of statements and instructions contained in the main Website;
- (E) ‘User Account’ refers to any account created by you through a process of registration or acceptance of sending information to the Website, in order to access or use the Website Services;
- (F) ‘User’ means you, the client who accesses the Website with the purpose of accessing or using its Services.
The ORGANIZER grants you non-exclusive and non-transferable limited right and license of access, use, and private exhibition of the Website and the Website Content as described by this instrument, solely for personal use by means of a computer connected to the Website over Internet, as long as you fully comply with these Terms of Use. You will be allowed to ‘cache’ Website pages with the sole purpose of increasing the speed and efficacy of your access to the Website. Any other use or reproduction of any parts of the Website are not allowed and will configure a violation of these Terms of Use and its copyrights. You shall not interfere in the Website operation nor attempt to do so by any form, means or device, which includes, among others, spam, hacking, computer virus or timebomb, and any other means explicitly prohibited by any disposition of these Terms of Use or the governing Legislation.
MODIFICATIONS TO THE WEBSITE AND/OR ITS TERMS OF USE
The ORGANIZER preserves itself the right to modify, alter, add or exclude any part of the Website, the Website Content, the Terms of Use and/or the Privacy Policy, partially or in whole, at any time. The modifications to the Terms of Use and the Privacy Policy will be effective once published. You must agree to periodically review the Terms of Use and the Privacy Policy to take notice of any modifications. After any modifications of the Terms of Use and/or the Privacy Policy are published, your use of the Website will be considered as acceptance to such modifications and will establish your consent to be governed by its terms.
MODIFICATIONS TO THE WEBSITE PROPERTY
In case of incorporation, acquisition or sale of all or substantially all of the ORGANIZER’s assets or this particular Website to a further owner or operator, your continued use of the Website will imply your consent to be governed by the Terms of Use and the Privacy Policy of the further owner or operator of the Website. It will also imply that you agree with the disclosure and use, by the further owner or operator of the Website, of any information of yours contained in the ORGANIZER or the Website database.
PROPERTY OF TRADEMARK, COPYRIGHT, INTELLECTUAL PROPERTY
The Website, the Website Content, the Website Code and all the copyrights, trademarks, service marks, trade names, and any other intellectual property rights or related property rights are the exclusivity of the ORGANIZER, who holds its ownership or that of its licensors and content providers (which includes the Website users), and are protected under the terms of the applicable national and international legislations of copyrights. Unless specifically authorized in writing by the ORGANIZER, you are not allowed to copy, capture, reproduce, make, transfer, sell, license, modify, manipulate, create derivative works, republish, transfer, edit, publish, transmit, publicly exhibit, structure, distribute or explore, partially or in whole, the Website, the Website Content or the Website Code, or, by any other means, use the Website, the Website Content or the Website Code in any other Internet website, computer network environment or any other vehicle currently known or further developed (each of these activities considered as ‘Unauthorized Use’).
The Unauthorized Use consists of violation of copyrights and other exclusive rights held by the ORGANIZER and/or its licensors and content providers, thus also constituting a violation of these Terms of Use.
WEBSITE SERVICES AND USE CONDITIONS
The Website offers services for displaying information, making usage of selected submitted games for participation on BIG Festival in accordance to its Regulation.
The User agrees not to use the Site to break the law, nor to cause harm to others through any means, including, but not limited to, sending unsolicited messages, defamation, publicizing unauthorized information, divulging false information including that about oneself.
The User agrees to indemnify the ORGANIZER for each and every claims, damages, losses and causes of action ensuing from his/her use of the Website or from the failure of his/her part in complying with these Terms of Use.
REGISTRATION AND ACCEPTANCE OF THE TERMS
As consideration for the use of Services, you agree to (i) comply with the Conditions, (ii) provide correct, precise and complete information regarding yourself that might be necessary in any Services’ registration form (your ‘Register Information’) in order to create your User Account, and (iii) keep and update your Register Information, as applicable, with current, complete and correct information, whether on the Website itself or through Facebook. Users who violate the Conditions or provide imprecise, false or non-updated Register Information might, at the ORGANIZER’s sole discretion, have their User Accounts suspended or closed, and might as well have their access permanently banned to whatever current or future Services provided. The User states to acknowledge that providing false or incorrect information aiming at deceive or damage other people or gain advantage consists a crime. The Users expressly authorize the ORGANIZER to provide their register information to relevant public authorities on these and other subjects, as well as in the case of a formal request in the terms of the Brazilian law.
You also agree to appropriately quit all the Services after finishing your session. The ORGANIZER will not be responsible for any damage or loss resulting from your use of a User Account, the Website or any other Service, as well as from your failure to comply with such requirements.
SERVICE USE GUIDELINES
You will be fully responsible for all the activities conducted by you and/or any other user of your User Account and the Services, including the transmission, publication and any other disposition of texts, files, links, software, games, photos, video, audio, music or any other information or material (‘Published Content’) in the context of Services. Find below a non-exhaustive list of the violations that might result in the closure or suspension of your User Account and access to the Services, by the ORGANIZER. You agree not to practice any of the following actions during the use of whichever Service of the ORGANIZER:
1. Harass, threat, constrain or cause discomfort or embarrassment to any other participant or user of the Service or to any other person or entity;
2. Transmit Published Content regarding any of the Services that the ORGANIZER, at its exclusive discretion, considers to be disruptive, illegal, harmful, threatening, abusive, vexing, defamatory, vulgar, obscene, hateful, racially or ethnically motivated, or reprehensible by any other means;
3. Impersonate someone else in any Service context, which includes, among others, a director or representative of the ORGANIZER;
4. Publish or transmit any advertisement, unsolicited promotional material or perform any other kind of request in any Service context;
5. Violate, whether intentionally or not, any applicable municipal, state, federal or international law, which includes, among others, any legally binding regulations during the use or access to whichever Services;
6. Invade the privacy or violate any personal or proprietary right of another party, whether a person or entity;
7. Violate intellectual property or similar right, which includes, among others, copyrights and trademark rights of any other person or entity.
WEBSITES WITH LINKS
The Website might show and/or contain links with advertisements or information of websites other than the ORGANIZER’s. Other websites might as well make reference to, announce or contain links to the ORGANIZER’s Website. The ORGANIZER shall not be held responsible for the content or privacy practices of websites that do not belong to the ORGANIZER, and waives any responsibility connected to its use or the content of other websites and advertisements.
USERS NOT RESIDING IN BRAZIL
The ORGANIZER does not state in any form that the Website Content, including its sales-related services, are available for use in locations other than Brazil. Those who opt for accessing the Website outside of Brazil shall proceed on their own initiative, as well as on their own discretion and risk, and shall be held responsible for complying with local legislations, if and to the extent of their applicability.
JURISDICTION MATTERS
The Website is controlled and operated by the ORGANIZER from its headquarters in Brazil. The use of this Website confirms your consent and compliance to Brazilian laws.
TERMINATION
You acknowledge and agree that the ORGANIZER might, at its exclusive discretion and at any time, cancel your password, User Account or the access to any Services, for any reason. The ORGANIZER might also, at its exclusive discretion and at any time, cancel any Websites or Services, as well as limit or restrain the access of any given User to such instances for any reason. You also acknowledge and agree that the ORGANIZER might undertake one or more of these actions without notice, whether previously or by any other means. If the ORGANIZER undertakes any of such referred actions, it might, at its exclusive discretion, immediately deactivate and/or exclude any or all of the information regarding your User Account, including your Register Information and Submissions. You acknowledge and agree that the ORGANIZER shall not be held responsible concerning you or any other person for the termination of your access to any such Services and/or the removal of information referring to your User Account.
EXCLUSION
You acknowledge and agree that the ORGANIZER might, at its exclusive discretion and at any time, cancel your password, User Account or the access to any Services, for any reason. The ORGANIZER might also, at its exclusive discretion and at any time, cancel any Websites or Services, as well as limit or restrain the access of any given User to such instances for any reason. You also acknowledge and agree that the ORGANIZER might undertake one or more of these actions without notice, whether previously or by any other means. If the ORGANIZER undertakes any of such referred actions, it might, at its exclusive discretion, immediately deactivate and/or exclude any or all of the information regarding your User Account, including your Register Information and Submissions. You acknowledge and agree that the ORGANIZER shall not be held responsible concerning you or any other person for the termination of your access to any such Services and/or the removal of information referring to your User Account.
LIMITATION OF RESPONSIBILITY
UNDER ANY CIRCUMSTANCES, WHICH INCLUDES CASES OF NEGLECT, AMONG OTHERS, THE ORGANIZER SHALL BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL OR EMERGING DAMAGES ENSUING FROM THE USE OR IMPOSSIBILITY OF USE OF THE WEBSITE, WEBSITE CONTENT, CODE, SERVICES OR SOFTWARE, EVEN IF THE ORGANIZER HAS BEEN INFORMED ON THE POSSIBILITY OF SUCH DAMAGES. ALTHOUGH THE ORGANIZER TAKES PRECAUTIONS AGAINST SAFETY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION CAN BE COMPLETELY SAFE AND, AS SUCH, THE ORGANIZER WILL NOT BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL OR EMERGING DAMAGES THAT MIGHT RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS OR ANY OTHER EVENTUAL VIOLATIONS. UNDER ANY CIRCUMSTANCES, THE ORGANIZER’S TOTAL RESPONSIBILITY REGARDING YOU FOR ALL THE DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER BY CONTRACT, CIVIL OFFENSE (INCLUDING CASES OF NEGLECT, AMONG OTHERS) OR BY ANY OTHER MEANS, MIGHT EXCEED THE AMOUNT PAID BY YOU TO THE ORGANIZER, IF ANY, TO ACCESS THIS WEBSITE.
INCOMMUNICABILITY
In case any of the dispositions of these Terms of Use is considered illegal, null or impracticable, for any reason, such disposition shall then be considered apart from these Terms of Use and will not affect the validity or practicability of any remaining dispositions.
LAW ENFORCEMENT
You agree to comply with any applicable laws, conditions and regulations concerning your activities under these Terms of Use, including, among others, the regulations and terms of Facebook.
APPLICABLE LAW; ARBITRATION; JURISDICTION
These Terms of Use and the Privacy Policy will be interpreted and executed in accordance with Brazilian laws, without regard to your principles of choice of law.
The User agrees that each and every arising dispute or controversy of any nature and at any time regarding the Website, the use of your User Account, any of the ORGANIZER’s Services, these Terms of Use or the Privacy Policy, will be settled by the Central Court of the State of São Paulo, Brazil, excluding any other jurisdiction, although privileged it might be. The aforementioned jurisdiction will be considered duly competent and convenient regarding such dispute or controversy.
