Last update October 1, 2009.
Please do read carefully the Terms of Use and all other notices that could appear in the portal where, by gaining access to its pages, you will fully agree with present terms and conditions. In case you do not agree, do not enter the portal or anyone of its pages or contents. Acceptance of these Terms of Use becomes mandatory for using the site and its services.
SYSTEM’S DEFINITION AND OBJECTIVE
1.1-The electronic system by the name of Novitate.com is a professional network based on the Internet. Its purpose to offer digital services for innovation and project management.
1.2-Contents and mechanics are meant for offering a collaborative environment, allowing for its users and companies to tighten their relationship and exchange information.
1.3-The Novitate.com portal authorizes the use of the site in a non-exclusive way and subject to cancellation at any given time.
1.4-The use of the Novitate.com portal is free of charge in its basic version and may therefore show sponsor advertising. The free-of-charge version may also, subject to the Novitate.com portal’s exclusive discretion, establish access restrictions or utilization limits.
USER REGISTRATION, PASSWORD AND SECURITY
2.1-A natural person or juristic person is to be considered a user who may utilize the portal without any burden or financial cost in its basic version.
2.2-Access to the Novitate.com portal is being gained by means of a user identification (e-mail) and password, which become his electronic identification. The user is fully and totally responsible for looking after the secrecy of his digital identity.
2.3-For users to be able to enjoy the benefits as offered by the Novitate.com portal, their previous registration will be necessary. In this connection, the user agrees to: (a) supply true, accurate, currently valid and complete information about himself or somebody else when registering in a specific page; (b) keep and immediately update such registered information for the purpose of keeping same true, accurate, currently valid and complete.
2.4-By adhering to these Terms of Use the user declares to be over 18 (eighteen) years of age, or to be emancipated or legally able as defined by law.
2.5-Should any information as supplied by the user be false, incorrect, out of date or incomplete, or should the Novitate.com portal have sufficient reasons for suspecting that such information is false, incorrect, out of date or incomplete, the Novitate.com portal would have the unilateral right for suspending or immediately cancelling, irrespective of any notification, the user’s registration file and other information related thereto. Besides of rejecting any present or future utilization of the service or part of it.
2.6-It is part of the Novitate.com portal’s policy to respect the privacy of its users and of their ideas. Information as registered in the Novitate.com portal is of a collaborative kind and may be shared with the remaining participants of the portal and the group in accordance with rules and parametrizations.
2.7-The portal’s environment is subject to monitoring for security reasons. The Novitate.com portal will not edit, access nor distribute information or ideas of its users without their previous and express authorization, with the exception of those cases in which it will so be forced by court’s order or by law.
2.8-In addition, the user expressly authorizes the Novitate.com portal to get in touch with him through electronic means or telephone, as well as through physical correspondence, but emphasizing on the fact that the user’s main information channel will be the portal.
2.9-The Novitate.com portal does not request passwords, credit cards’ data or any other banking data from its users through e-mail, telephone or any other personal or digital means, except via the official website itself. Should you therefore be contacted in this respect, do not answer but disregard it and, if possible, reforward same to the attention of feedback@novitate.com.
USER’S RESPONSIBILITIES
3.1-To perform its own registration with the Novitate.com portal, being responsible for the accuracy and truthfulness of data as supplied, as well as for password’s custody.
3.2-The user has to arrange for his own Internet access and pay for services as eventually charged for by third-parties in this connection. The same goes for the operational conditions of communication means, Internet provider and computer equipment (hardware and software).
3.3-To arrange for his own access to an address meant for forwarding electronic messages via Internet and to pay for all services as eventually charged for by third-parties in connection with such an access.
3.4-To keep his computer environment secure by using available and updated tools such as antivirus and firewall among other, thus contributing to prevent electronic risks such as the proliferation of virus or infected documents.
3.5-To prepare the formatting and size of files being sent, in accordance with conditions as established by the Novitate.com portal.
3.6-The user agrees to indemnify and hold harmless the Novitate.com portal and its subsidiaries, affiliated companies, executives, agents and other partners and staff members for responsibilities in connection with any loss, liability, claim or demand, including lawyers’ fees, on the part of third-parties and caused by or resulting from using services in violation of these Terms of Use and/or for breaching same.
NOVITATE’S RESPONSIBILITIES
4.1-It is the Novitate.com portal’s responsibility to employ techniques and procedures being necessary to guarantee an adequate level of confidentiality, availability and information security.
4.2-The Novitate.com portal is to manage its contracted partners and to guarantee the best possible quality to its users by observing service standards.
4.3-The Novitate.com portal is to make best efforts for keeping the system available for access and use in a stable and secure way. Nevertheless, it is herewith acknowledged that the user will not held the Novitate.com portal responsible for fortuitous infrastructural and computer programming failures.
4.4-The Novitate.com portal has to inform in advance through messages of the portal or other means about programmed unavailabilities on account of infrastructure, equipment or applications’ maintenance. Programmed pauses will be defined exclusively by the Novitate.com portal in accordance with its needs and convenience.
4.5-User’s data as well as e-mail address will under no circumstances be sold, let or ceded to third-parties without prior and express authorization of same.
4.6-It is herewith acknowledged that the user will not held the Novitate.com portal liable for: (a) damages resulting from improper distribution on the part of the user of his private electronic identification; (b) damages resulting from wrong utilization or wrong configuration of the system; (c) damages resulting from improper use of the system or from user’s wrong understanding or unskillfulness.
4.7-The Novitate.com portal will not be liable to the user or any third-party, up to the maximum amount being permitted by applicable laws, for any type of damage (indirect, successive, exemplary, incidental, special, punitive, for lost profits, loss of income and other) resulting from the access or unavailability of access, even in case the portal had been informed about the possibility of such damage.
SITE’S UTILIZATION
5.1-Utilization of the Novitate.com portal must follow its operational principles and patterns. Any action that would endanger the system’s integrity or cause the infrastructure’s overload will be blocked without prior notice and in the Novitate.com portal’s discretion.
5.2-The Novitate.com portal will do its very best to keep documents and information always available and in full. Nevertheless, it is recommended that users keep their own copies of information and documents that they deem to be of greater importance.
5.3-The responsibility for the utilization, application or processing of, that users could make in connection with said information or documents is of their entire responsibility.
5.4-Any material, information or idea that you would put into or transmit through the portal, will be delt with in accordance with the access and confidentiality rules as registered by the group’s manager.
5.5-Information as contained in this site may periodically be updated or modified so that same must not be considered to be final.
5.6-The Novitate.com portal will not be responsible for the accuracy and assertiveness of information as supplied by users and third-parties to the portal, such as qualitative data regarding products and/or services or for any change of programming, values or contents being of exclusive responsibility of users.
5.7-It is not allowed to distribute any type of information regarding products, services or the recruiting of companies or people through the Novitate.com portal and directly performed by its users.
5.8-Information as contained in this site may be used by the Novitate.com portal for statistical purposes where its distribution will be made in an aggregated and not unitarian way, thus protecting individuality.
5.9-By using the Novitate.com portal the user accepts and undertakes the obligation not to copy, generate variations, engage in reengineering or any other activity that might violate copyrights.
5.10-The Novitate.com portal has an express policy with regard to privacy. Information regarding the registry and other documents is subject to being delt with in accordance with that policy. For more information please refer to the Privacy Policy which is part of the present instrument and must be carefully read by all users before acceptance and portal’s utilization.
POSTING OF CONTENTS
6.1-When sending information and documents which were produced by the user, same will be fully responsible for contents and this will not grant the Novitate.com portal the right or license for distributing, exhibiting and commercializing or using it in any other way.
6.2-The user hereby declares that he is submitting ideas and corporate documents on his free will, that contents has been developed exclusively by himself and it doesn’t hurts third-party’s authorship, being from now on understood that included material will belong to the group being active at the time, independently of the signature of a Term for the Assignment Rights.
6.3-The sending of new ideas, collaborations and evaluation of ideas or any other information or document in connection with a given group, is being offered as a collaboration and will belong to the group as such. Subsequent demands for indemnization, payment or any type of copyright will not be possible.
6.4-The promise of a reward of any kind, made by the user while including or changing a challenge, will not generate any obligation or responsibility on the part of the Novitate.com portal. The Novitate.com portal does not impose, suggest, negotiate, act as an intermediary, direct, control or take responsibility for measuring, evaluating and paying rewards as offered.
6.5-Distribution of information is defined and controlled by the group managers. There are no characteristics as to personality and exclusivity when posting contents. The user is aware of the fact that contents as sent to the Novitate.com portal may be visualized or downloaded according to a configuration defined by the group managers at any time.
6.6-Under no circumstances will the Novitate.com portal be responsible for the use of its contents or for the access to links as indicated therein, as well as for activities on the part of a user that were based on information as obtained from the portal or links. The Novitate.com portal will neither be responsible for contents nor for policies and acts of privacy which are linked with the portal, as well as for the ones we are linking with.
6.7-The user expressly declares that contents as supplied is not harming any intellectual or industrial property rights including copyrights, connected rights, rights for the use of images, among other, he being the only one and exclusively responsible for contents as made available in the portal, declaring that: (a) he has permission from anyone being mentioned in the contents as supplied for using his image, voice, name, intimacy and other personal rights; (b) he has included all credits being necessary for safeguarding the moral rights of copyright holders.
6.8-The user may not utilize the service for distributing contents that: (a) violate the law, morals, propriety, intellectual property, the right to his honor, private life, image, personal and familiar intimacy; (b) encourage illicit behaviour or against morals and propriety; (c) encourage discrimination, either on account of sex, race, religion, faith, age or any other condition; (d) make available or facilitate the access to illicit, violent or pornographic messages, products or services; (e) publish products or services whose sale/rendering of is expressly prohibited by valid laws, such as narcotics, toxics and any kind of illegal drugs, as well as medicines and any type of drugs in general; (f) would or could prompt an unacceptable state of anxiety or fear; (g) would induce or incite to performing acts being dangerous, risky or harmful to the health or psychic balance; (h) are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that same could induce to an error about its objective or the users’ intentions or purposes; (i) are illicit, misleading or disloyal advertising in general, that would represent disloyal competition; (j) violate the secrecy of communications; (k) spread, incite to or encourage pedophilia or services related to prostitution or similar ones, pornographic or obscene material; (l) introduce virus, spam or other physical or electronic stuff that could damage or impede the normal operation of the network, system or computer equipment (hardware and software) of third-parties or could damage electronic documents and files as stored.
6.9-A user being involved with denunciatons, irregularities or with violating third-parties’ rights will commit himself to exempt the Novitate.com portal from eventual lawsuits resulting from damages he may have caused. In case the Novitate.com portal would be held responsible for any moral or material damages, the Novitate.com portal would initiate compensatory legal action against the transgressing user who agrees to pay for court’s and lawyers’ fees resulting from any such lawsuit.
REMOVAL OF CONTENTS AND USERS
7.1-The Novitate.com portal will do its very best to perform any internal investigation aiming at the removal of contents and users, either on is own account or upon request of the damaged party, after same has submitted the reasons and evidence as to that certain contents have violated the law or these present terms.
7.2-Users that have had no active access for over 1 (one) year may, in the Novitate.com portal’s discretion, be excluded from data bases without previous notice.
7.3-Documents that have had no access for over 3 (three) years may, in the Novitate.com portal’s discretion, be excluded from data bases without previous notice.
7.4-In case there is confirmation about a certain content being violating legal provisions or present Terms of Use, the Novitate.com portal may, in its own free discretion and without prior notice to the user: (a) definitely remove misused contents; (b) suspend transgressing user’s registration and other information related to him for an indefinite period of time.
7.5-For an announcement of misuse to be considered valid, user must specify the following data, if applicable: (a) complainer’s name, full address, telephone number and e-mail address; (b) specification of supposedly illicit activity as taking place in the Novitate.com portal and, particularly in case of supposedly violated copyrights, documentary evidence in addition to precise and complete indications about the protected and supposedly violated contents; (c) facts and circumstances that would show the illicit character of that activity; (d) express and clear declaration about the fact that the utilization of contents was performed without consent of who owns that supposedly violated copyrights.
7.6-The Novitate.com portal will provide for a specific communication channel through the e-mail address feedback@novitate.com for dealing with cases of misuse.
SITE’S INTELLECTUAL PROPERTY
8.1-The user accepts any type of civil and/or criminal responsibility for undue or non-authorized use of information, texts, pages, images, charts, drawings, icons, trademarks, works, i.e. of any of the site’s intellectual or industrial rights.
8.2-The Novitate.com portal with its domains, its functions, its files, its texts, its trademark, its logo, its design, its operationality and its structure as a data base are of the Novitate.com portal’s exclusive property and so protected by legislation applicable to Industrial Property, Copyrights and Connected Rights. Any transgression on the part of a user of such legal provisions will mean implementation of legal sanctions being applicable to that transgression.
8.3-Commercial use of the name Novitate as a trademark, logo, business name or domain is exclusively reserved to the Novitate.com portal and being protected by international laws and agreements for copyrights, trademarks, patents, as well as industrial models and designs. The user is aware of the fact that non-authorized use means civil and criminal transgressions for breaking the copyrights’ law.
8.4-Each and every suggestion as supplied by a user for the purpose of utilizing, refining or correcting the Novitate.com portal will be subject to prior verification and analysis. The user acknowledges the fact that such suggestions are being offered as mere collaborations so that there is no obligation on the part of the Novitate.com portal for considering a submitted suggestion. It will also not result in any right to remuneration or other kind of recognition in case of an eventual partial or total utilization of the suggestion on the part of the Novitate.com portal.
GENERAL PROVISIONS
9.1-The fact of condoning the eventual break of anyone of the present terms and conditions will not represent a novation of obligations as agreed upon and will also not impede demanding them at any time.
9.2- Present Terms of Use are being governed by the Federal Republic of Brazil’s legislation. Its text must be interpreted in the Portuguese language. Users of the Novitate.com portal agree to submitting to the Brazilian Central Court of Justice of the capital city of São Paulo.
9.3-The Novitate.com portal has the right to modify present Terms of Use at any time and in an unilateral way. The present document represents the complete agreement between the parties and will prevail over any other agreement that could have been signed before that.
9.4-By navigating this site you automatically agree to be guided by terms and conditions as valid today and you must therefore check on them each time before you visit this site.
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