This Document applies to the following expressions with their respective meanings: BRAIN: designated in these Terms like brain.club
INTELLECTUAL PROPERTY RIGHTS means all the intellectual property rights, including the patents, utility models, commercial brands and services, commercial name, domain names, rights in relation to design, copyright, moral rights, rights to data bases, commercial secrets and know-how, in whatever case, that may or may not be registered or be registrable, including their own registrations and registration requests for whichever of these rights, the right to request the registration of the same, and protections of a similar nature or that have similar effects in relation to these rights in any place around the world.
- GENERAL PROVISIONS
- 1.1. This document sets forth the general conditions that, by acceptance, all and any USER of the SYSTEM and the B4i Administrative Support and Events, limited company with a registered office in the city of São Paulo, São Paulo state, at Rua Groenlândia, 808, CEP 01434-000, Jardim Europa, registered under the CNPJ/MF number 12.772.616/0001-60, will be obligated to observe and rigorously comply with their contractual relations.
- 1.2. The use of the SYSTEM implies the whole acceptance of this document. If the user does not agree with any clause or condition of the documents, they should not use the SYSTEM services.
- 1.3. This document can be periodically revised by BRAIN to update clauses and conditions and allow a better experience for the use of the SYSTEM. In such event, the user will be informed beforehand of the changes, so that they may evaluate their interest and viability to continue using the SYSTEM
- DIRECTIVES ABOUT THE USE OF MOBILE DEVICES
- 1.1. To utilize the SYSTEM using mobile devices, such as smartphones and cellphones, the USER must have a data plan, previously contracted from a mobile operator.
- 1.2. The USER is aware and agrees that the SYSTEM works exclusively online and the internet connection for the functioning of the SYSTEM is the whole responsibility of the USER.
- 1.3. If the USER alters or deactivates their cellphone number, they should update this information in the SYSTEM as well, to continue using their mobile device.
- 1.4. Synchronizing their information in the SYSTEM with their mobile device is their sole responsibility.
- 1.5. The relationship between users is the sole responsibility of the parties.
- 1.6. Such directives can be altered at any time through the SYSTEM, with the updated version being published on the SYSTEM site (www.brain.club)
- 1.1. The main objective of the SYSTEM is to offer interaction and collaboration between the users, so that commercial advantages are realized for all parties.
- 1.2. The SYSTEM’s differential is to generate the greatest proximity between the users, in order to direct the attractions and interests of each one, based on their personal tastes and commercial offerings.
- 1.3. This way, the SYSTEM eliminates undesired mass advertising, that most of the time doesn’t attract the user, and presents potential clients that may possess the closest profile to their REQUESTS.
- 1.1. The SYSTEM worries about the privacy of its users, and is committed to do the utmost to guarantee the confidentiality of the data entered by its users, applying technology, security procedures and training for its collaborators, to avoid information leak to third-parties, and on the remote chance of this occurring, minimize the damage.
- 1.2. The SYSTEM conforms to the prevailing Brazilian legislation, and concerning privacy and the storage of the personal data of its users, it also conforms to the requirements of Information Security, especially the technical standards of ABNT NBR ISO/IEC 27001:2006 and 27002:2005; and the principles of the Draft Bill for Protection of Personal Data. In relation to users located outside of Brazil, the local access legislation for foreign users will be applied.
- 1.3. Existing international treaties and pacts will be observed between countries in relation to the use of social business networks.
- 1.4. In the event of conflicts between foreign and Brazilian legislation, the Brazilian judicial order will prevail, with the resolution of conflicts occurring primarily in the Brazilian judiciary, especially the District Court of São Paulo, headquarters of the SYSTEM.
- 1.1. The SYSTEM treats the sensitive personal data of its users as confidential, only the user and the SYSTEM have knowledge of such information
- 1.2. The other non-personal user data, entered while accessing the SYSTEM, can be used by the SYSTEM, to improve commercial interactions and offer more greater advantages to all users.
- 1.3. The user is exclusively responsible for the data entered into the SYSTEM platform, as well as their password, which is for personal use and is not transferable. The SYSTEM is not responsible for situations related to the incorrect filling in of user data or for violations of the password.
- 1.4. Only one profile is allowed per user.
- 1.6. The creation and/or utilization of false profiles and/or anonymous profiles, as with the use of anonymity to practice illicit acts through the SYSTEM social network, is prohibited.
- 1.7. The user can delete their profile at any moment.
- 1.10. If the user is the victim of a violation of copyright, of an image or any legal infraction, and requires the exclusion of profile or content published on the SYSTEM, or wishes to denounce an illicit act or incident, they should send a notification to [email protected] substantiating the request under the respective legislation. The request will be analysed and we will respond within 48 (forty eight) hours.
- 1.11. The SYSTEM also preserves the copyright of its users, respecting the regulations of the DMCA – Digital Millennium Copyright Act. If some content violates copyright, in compliance with the DMCA, fulfil the following requirements, when sending us notification: (i) in the case of an appointed prosecutor or lawyer, acting in the user’s name, prove that they are legally authorized to do this(attach a solicitation); (ii) provide sufficient contact information so that we may contact you, including a valid personal email ; (iii) identify, in a detailed manner, the material protected by copyright that is believed to be the subject of infraction, also offering the link(s) and a search term related to the content, that appears in the SYSTEM search; (iv) include the statement that the complaining party believes in good faith that the use of the material in the manner complained about is not authorized by the copyright owner, their agent or by the law; (v) include a declaration that the information contained in the notification is correct and under penalty of slander, that the complaining party is authorized to act in the name of the owner of an exclusive right that is supposedly being infringed; and (vi) the notification must be signed by the person authorized to act in the name of the title holder of an exclusive right that is being supposedly infringed.
- 1.1. The user can publish information, images, register demands for products and/or services in the SYSTEM, through their profile.
- 1.2. The publication of this content is restricted to the availability of technology of the SYSTEM platform and legal compatibility.
- 1.4. The publication of illicit, pornographic, offensive, vexatious material, or that violates copyright, is prohibited. If this material of this nature is found present, the SYSTEM reserves the right to delete immediately the profile of the offending user, storing the material for legal purposes.
- 1.5. If the material is found published that contains and/or incites material representing child pornography, or even the dissemination of this type of illegal material, the SYSTEM also reserves the right to immediately delete the offending user’s profile and store the necessary material as evidence and denounce the user to the competent authorities, supplying the means necessary for identification, in compliance with article. 241- B, paragraph 2, article III, of the Law 8.069/90 (Child and Teenager Statue).
- 1.7. When sending materials through the SYSTEM, the user is aware that the content can be shared among other users.
HOW TO PARTICIPATE
- 1.1. To use the SYSTEM through your mobile device the USER must be an individual or business, duly registered in the Cadastro de Pessoas Físicas do Ministèrio da Fazenda or Cadastro Nacional de Pessoa Jurídica, with full civilian capacity.
- 1.2. Must download the SYSTEM on the IOS or Android platform for free.
- 1.3. Do their own registration and create an account in the SYSTEM, declaring and guaranteeing that the information given is true, that they hold the necessary powers to legally link to BRAIN and that they have read, understood, agreed to, and wholly agreement with that set forth in these Terms and Conditions.
- 1.1. Every and any person, older than 14 (fourteen) years of age and registered in the SYSTEM
- 1.2. The registration of the USER is free of charge without any joining fee.
- 1.3. To register in the SYSTEM, the USER must, in addition to accept and respect fully all the requirements of these Terms and Conditions, fill out completely the initial registration with truthful personal data and commit to, under penalty of law, supply exact, current, and complete information about themselves in the SYSTEM registration forms, among them: (i)…; (ii) …;
- 1.4. Maintain the confidentiality and security of their password and login.
- 1.5. The registration of the USER is unique, personal and non-transferable, the registration of two or more people under the same identification is not possible. Only the USER can use it in the SYSTEM. The SYSTEM reserves the right to confirm the data supplied by the user. In the event of any discrepancy, it may not accept or cancel the registration.
- 1.6. Be responsible for the loss of data, if the minimum necessary measures are not taken for their protection, especially with reference to their login and password.
- 1.7. The SYSTEM reserves the right to allow just one registration per USER, so that, in the event of two or more registrations of the same USER, only one of them will prevail, chosen by the SYSTEM.
- 10.1 The SYSTEM will make every effort to maintain the security of its USERS, however as with all technology,we cannot guarantee a 100% safe environment. For this purpose, we take certain measures, such as: (i) we send the user a message automatically with a confirmation code, requesting authentication; (ii) we send the user an automatic registration confirmation email; (iii) we do not send personal emails directed to the user; all important general notices are published on the SYSTEM’s own site; (iv) we do not request the user’s personal data by email or demand any type of re-registration; (v) we store their personal data in a secure environment, in compliance with the existing legislation and the principles of Information Security, meeting the technical regulations ABNT NBR ISO/IEC 2700:2006 and 27002:2005; (vi) we do not use any procedure to automatically capture data without permission; (vii) we do not hold any illicit attitudes and totally repudiate such practices; (viii) we have a commitment to inform the competent authorities about possible illicit practices that occur in the SYSTEM environment; (ix) we collect the profile connection data of each access in the SYSTEM and we store said information for a period of 6 (six) months. This is important or the user and the SYSTEM, in case the authorities request detailed information during a police investigation or lawsuit. We do not supply such data for extrajudicial reasons; (x) We do not share USER information without authorization for such (xi) we do not disseminate viruses, malicious files or any other type of fraudulent, unethical or illicit practice; (xii) we do not offer sales promotions to users without their authorization; and (xiii) we repudiate all and any type of illicit, fraudulent or unethical practice that may be done through the SYSTEM.
- 1.2. The SYSTEM is committed to immediately deleting any content or profile that violates these Terms or the prevailing Brazilian legislation.
- 1.3. In dealing with users located outside of Brazil, the legislation of the place of the user’s access is applied.
- 1.4. International treaties and existing pacts between countries relating to the use of social business networks will be observed.
- 1.5. In the event of possible conflicts between foreign and Brazilian legislation, the Brazilian judicial order will prevail, with conflicts being resolved with priority by the Brazilian Judiciary, especially the District Court of São Paulo, headquarters of the SYSTEM. The user will not be able to use the brand SYSTEM with authorization, or generate any confusion for other users involving the said brand.
- 1.6. We do not recommend the use of third-party content without authorization.
- 1.8. The SYSTEM is not responsible for the commercial relationships and transactions between its users, as it acts solely as a platform that facilitates convergence between said users.
- 1.9. The SYSTEM is not responsible for possible damages from illicit access by third-parties or hackers to the Application or the Site, making use of personal USER data, including their password that is for their exclusive use.
- 1.1. Non-compliance with any clause of these Terms or other related documents can implicate the immediate cancellation of the USER’s registration.
- 1.2. The cancellation of the USER registration by the SYSTEM, either by violation of these general conditions, or by the existing legislation will imply the automatic loss of any credits in their account.
- 1.3. The SYSTEM can refuse to accept a new registration of a previously USER.
- INTELLECTUAL PROPERTY RIGHTS
- 1.1. The ownership of all copyrights, registered brands, patents and other intellectual property rights about and relevant to all and any works of creation, data and reports about research, written documents, sound recordings, reproductions of illustrations, drawings, film and video recordings and other graphic representations, as well as works of a similar nature (susceptible to protection by industrial property rights), resulting from the execution of these Terms and Conditions will belong to BRAIN. The USER agrees expressly that they do not have any control or ownership, in any way, of the rights of privileged use over the SYSTEM. All the intellectual property rights will belong to BRAIN, respecting the applicable legal terms, free of any encumbrances, licenses, conditions or reserves.
- 1.2. The USER agrees that the elements and/or tools available are owned and the property of BRAIN, subject to intellectual rights in agreement with Brazilian laws and treaties and international conventions of which Brazil is a signatory. Just for example, understood as: text, software, scripts, graphic images, photos, music, songs, videos, interactive resources and the like, brands, service brands, logos.
- 1.3. The USER makes a commitment to not use, reproduce or distribute any elements and/or tools that are not expressly allowed by the SYSTEM. If the USER makes any copy, by downoad or printing, of elements and/or tools of the SYSTEM for exclusively personal use, all the inherent intellectual property rights must be preserved. The USER agrees to not circumvent, deactivate or, in any way, interfere with resources and/or tools related to the security of the SYSTEM, under penalty of incurring applicable judicial measures.
- 1.1. The USER cannot concede, under any grounds, delegate or in any way transfer the responsibilities of these Terms and Conditions or any of the rights and obligations here specified without previous and express approval of BRAIN.
DECLARATIONS AND USER GUARANTEES
- 1.2. The USER when accepting these Terms and Conditions declares and guarantees, for all legal rights, that: (i) possesses legal capacity to effect these Terms and Conditions, as to participate in the SYSTEM; (ii) will participate appropriately in the SYSTEM, observing regulations, conditions of use, rules, laws and applicable terms, including these Terms and Conditions; (iii) recognizes that these Terms and Conditions are formalized, linking the parties, through electronic acceptance, that will occur when the “Accept” button of this document is clicked ; and (iv) declares themself to be aware that they will have access to the SYSTEM blocked and/or cancelled if any part of these Terms and Conditions is violated for any reason.
- REGULATORY LAWS; COURT; LANGUAGE
- 27.1. Based on the Hague Convention on choice of court agreements, and the subsequent modifications, these Terms and Conditions will be regulated and interpreted in accordance with the Brazilian Laws, excluding any provisions of law conflicts. The Parties agree that the United Nations Convention about Contracts for the International Sales of Goods is especially excluded and will not be applied to these Terms and Conditions. Any judicial procedures that arise in relation to these Terms and Conditions must be directed exclusively to the District Court of São Paulo, SP, Brazil, and the Parties hereby agree with such jurisdiction and likely subsequent modifications of said Court. The Parties agree that both must comply with all the applicable Laws and Regulations.
- 27.2. It is hereby established that these Terms and Conditions will solely upheld in the Portuguese Language.