Legal terms and agreement:
Please read carefully before using the site and the site of the Vinci Pitch: the following terms and conditions ("terms of service") govern your use of the Vinci Pitch (Vinci Pitch, LTDA.), from the site (the "Site") and services accessed through the website (collectively , the "service") operated by Vinci Pitch, LTDA. ("Vinci Pitch", "we" or "us"). By accessing and using the service and/or any information, content or materials made available on the service, you irrevocably agree that such use is subject to these terms of service. If you do not agree with these terms of service, you may not use the service.
You should check these terms of service and this website periodically for changes. The Vinci Pitch can modify the Site and/or the terms of service from time to time, without notice. If the Vinci Pitch do material changes in terms of service, we will post the revised terms of service and the effective date reviewed on this Site. Any continued use by you of the Service after the publication of such modified Terms of Service will be deemed to indicate your irrevocable agreement with such modified Terms of Service. Consequently, if at any time you do not agree to be subject to any modified Terms of Service, you will no longer be able to use the Service.
November 2017.
1. use of service: Vinci Pitch, the platform.
(a) registered users: to get access to some parts of the service, you must register for an account accessed by a user name and password ("account"). To register for your account, you agree
(i) that the information you provide for your connection to your registration will be current, complete and accurate,
(ii) choose a user name that violates any law or intellectual property and other rights, or that is offensive; the Vinci Pitch reserves the right to reject the use of any user name for any reason or motive,
(iii) not transfer, sell, convey or assign the right to use your account to third parties without the prior written consent of Vinci and Pitch
(iv) do not allow any third party to use your user name and password to access your account or the service. You also agree that you are responsible for the conduct of any party that uses your Account.
(b) Grant of Rights: At the time of enrollment and subject to any applicable fees, Vinci Pitch grants you the limited, revocable, non-transferable and non-exclusive right to access and use the Service, provided that such activity is exclusively for your internal purposes, except as expressly agreed in writing by Vinci Pitch.
(c) Privacy Policy: In the course of your use of the Site or the Service, you may be asked to provide certain information to us. Your use of Vinci Pitch of any information you provide must be governed by these Terms of Service and our Privacy Policy. We recommend that you read our Privacy Policy, which is incorporated and made a part of these Terms of Service by this reference, as if it were fully set forth herein.
(d) Use of the Site and Service by Persons under 13 years of age: Vinci Pitch has undertaken to protect the privacy of young children and therefore does not collect or maintain personally identifiable information on the Site or Service of persons under age 13 years, except in accordance with the Child Online Privacy Protection Act of 1998 (we follow and use the COPPA criteria - https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/ childrens-online-privacy-protection-rule). Thus, children under the age of 13 may only use the Site or the Service with the permission and supervision of their parents. In addition, teachers and schools seeking to use the Site or Service in the classroom with children under the age of 13 are required to obtain the express consent of their parents in accordance with COPPA before allowing such children access or use of the Site or Service.
(e) Submission of User Content: In connection with your use of the Service, you agree not to send any content that (i) is unlawful, (ii) infringes any right to advertise or invades the privacy of others, (iii) obscene, pornographic, indecent, profane or otherwise objectionable, (iv) is discriminatory, hateful or intolerable, or abusive to any group or individual, (v) defamatory or defamatory, or (vi) violates any applicable law or governmental regulation. You represent and warrant that you own or have the necessary rights in and to any and all content you upload or post on the Site or the Service. You grant Vinci Pitch a non-exclusive, royalty-free license to use, store, reproduce and display any content that you post on the Site or the Service only as reasonably required to operate the Site or the Service, and subject to the terms of this Agreement , including our Privacy Policy.
(f) Property Rights. The Site and the Service, including all content such as text, images, audio and the HTML used to generate the pages (collectively, "Content") are owned by Vinci Pitch or our suppliers or licensors and are protected by a patent, trademark registered and / or copyrights under Brazilian and / or foreign laws. Notwithstanding the foregoing, you retain ownership of any information or content that you submit to the Site and / or the Service, and may use in perpetuity any reports or other materials provided as part of the Service. Except as otherwise provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works, delete, add, license, publish, transmit, or distribute any Content on this Site , in whole or in part, for any public or commercial purpose without the specific written permission of Vinci Pitch (Vinci Pitch, LTDA.). Except as otherwise provided, your use of the Site or Service does not grant you a license for any Content, features or materials that you may access on the Site or through the Service. Vinci Pitch (or its company) is the owner and / or authorized user of any trademark, trademark and / or service mark appearing on And is the copyright owner or licensee of the Content and / or information on the Site, unless otherwise indicated. In particular, the logos and service names of Vinci Pitch are trademarks of Vinci Pitch, LTDA. (the "Vinci Pitch logo"). Without prior permission, you agree not to display or use the Vinci Pitch logo anyway. Nothing on the Site or the Service shall be construed as granting any license or right to use any Logo Vinci Pitch without the prior written consent of Vinci Pitch.
(g) Prohibited Conduct: A Vinci Pitch specifically prohibits any use of the Site or Service to: (i) post any (1) incomplete, false, inaccurate or inaccurate information of its own, (2) trade secrets or copyrighted material copyrighted or otherwise owned by a third party, unless you have a valid owner license that allows you to publish it or (3) material that infringes any other intellectual property, privacy or publicity right of another; (ii) represent another person; (iii) involve or encourage conduct that constitutes a criminal offense, gives rise to civil liability or violates any municipal, state, national or international law or regulation, or that does not comply with the accepted Internet protocol; or (iv) transmit or transfer (by any means) information or software derived from the Site to foreign countries. In addition, you are prohibited from violating or attempting to violate the security of the Vinci Pitch site or service, or the security of the network, including, without limitation, the following: (w) access to data not intended for Site users or Services, or obtain unauthorized access to an account, server, or any other computer system; (x) attempting to probe, scan or the vulnerability of a system or network or the breach of security or authentication measures; (e) attempting to interfere with the function of the Site, Service, Host or Network, including, without limitation, by sending a virus to the Site, overloading, "flooding", "sending e-mail", "failure" or sending unsolicited email, including promotions and / or advertising of products or services; or (z) forging any TCP / IP packet header or any part of the header information in any e-mail or newsgroup publication. You may not deploy any robot, spider, site search / retrieval application, or other application designed to retrieve, index or "mine data", Site or Service information from the Site or the Service. You agree, at any time, to use the Site and the Service in accordance with applicable law and these Terms and Conditions.
(h) Indemnification: You irrefutably agree to indemnify, defend and hold the Vinci Pitch, affiliates, directors, employees, employees and from and against any and all losses, costs, damages, liabilities and expenses ( including attorneys' fees) arising out of or relating to your use of the Service.
(i) Internet access: the scoring process is an internet-based application. Internet access is not provided by Vinci Pitch, but is required to use the Vinci Pitch.
(j) Resell the Service: You may not "resell" the Service without the prior written consent of Vince Pitch Ltd., but offering a service to third parties incorporating the Service, provided that (i) your service includes a substantial additional value beyond of the Service, so that your customers do not primarily acquire their service to gain access to the features and functions of the Service, (ii) you agree to be responsible for the acts and omissions of your customers' use of the Service, to the extent that it is part of and (iii) you: (1) must purchase separate accounts for each customer, project, or other use. For the avoidance of doubt, you can not use a single account or login to multiple separate entities from third parties. Any attempt to do so may result in additional charges to your Account and / or termination of your Account.
(k) Termination: You may terminate your Account at any time. Vinci Pitch, in its sole discretion, has the right to suspend or terminate your Account and your access to the Service, for any reason, at any time. Any termination of your Account will result in the deletion of your Account and the content thereof and termination of your access to the Service. Vinci Pitch reserves the right to refuse service to any person for any reason at any time.
2. PAYMENT and REFUND POLICY
(a) Payment in general;
In regard to the right to access and use the service, you agree to pay applicable fees ("service fees"). You need a valid credit card to pay service charges. If you sign up for a paid subscription plan, you will be billed immediately for the first month of access to the service. You will be billed monthly by the applicable service fee from the 30th day after the initial creation of your account. All service fees are exclusive of all sales taxes, excise taxes or use, or any taxes or duties imposed by the tax authorities, and you shall be responsible for payment of all such taxes, duties or rights , excluding taxes on income of Vinci Pitch. Service fees are subject to change with 30 days notice. This notification may be provided at any time by posting the changes on you.
3. CHANGES to the service; SUSPENSION or TERMINATION of USAGE RIGHTS
(a) changes in service: Vinci Pitch reserves the right to make changes to the service, at any time, with or without notice. In case you do not agree to any changes to the service, your only right should be to stop the use of the service. (B) rights of suspension or termination of use: Vinci Pitch may suspend or terminate your right to use the service for any reason without notice or reason. The Vinci Pitch will not be liable to you or any third party for any modification, suspension or discontinuance of the service. Such termination of the service will result in the deactivation or deletion of your account and on the lapse and renunciation of all information in your Account. The Vinci Pitch reserves the right to refuse service to anyone for any reason at any time.
4. LINKS FROM and to the SITE VINCI
Vinci PITCH Pitch reserves the right, at your discretion, at any time, to refuse any order or to terminate any permission granted to link to the Site and to require termination of any link on this Site. You may link to third party websites ("linked Sites") from the Site. The linked sites are not, however, reviewed, controlled or examined by the Vinci Pitch anyway and the Vinci Pitch is not responsible for the content, availability, advertising, products, or information using user information or other materials of such linked Sites, or any additional links contained therein. These links do not imply endorsement by Vinci Pitch or the Association to the linked Sites. In any case, the Vinci Pitch be liable, directly or indirectly, for any loss or damage arising from or occasioned by the creation or use of the linked Sites or the information or material accessed through these linked Sites.
5. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
(a) notice of warranty: the SITE, service and content are PROVIDED STRICTLY "as is" and "AS AVAILABLE" BASIS, and the PONTAR PITCH DOES NOT WARRANT that the SITE, service, or CONENTE are complete, APPROPRIATE FOR ITS PURPOSE, OR NEED. PLEASE and its licensors, select my point EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, STATUTORY OR OTHER SITE, service and content, or availability of the SITE, service or content, INCLUDING, without LIMITATION, the IMPLIED WARRANTIES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOT INCLUDING. THE ENTIRE RISK AS RESULTS OBTAINED THROUGH THE USE OF THE SITE AND SERVICE RESULTS WITH YOU AND MY PITCH PONTAR MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ININTERRECIDA OR THE SITE, THE SERVICE AND/OR THE CONTENT WILL BE ERROR FREE. b) limitation of liability: to the FULLEST EXTENT PERMITTED BY LAW.
6. General.
These Terms of Service constitute the entire agreement and understanding between the parties on the subject matter, notwithstanding any different or additional terms that may be contained in the form of a purchase order or other document used by you to place orders or otherwise make the transactions below, that such terms are rejected. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and My Pitch Score related to the subject matter described herein. No change, modification or waiver of any provision of these Terms of Service shall take effect unless in writing and signed by a Vinci Pitch official. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining parties shall remain in full force and effect and such provision shall be implemented as far as possible to effect the intent of the parties and shall be amended to the extent necessary to make such provision valid and enforceable. No waiver of rights by Vinci Pitch may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are only for the benefit of Vinci Pitch and you and do not create any right in favor of third parties. These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the State of California, without reference to its principles of conflict of laws. All disputes arising out of or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in the city of Rio de Janeiro, Brazil, and each party irrevocably agrees with such personal jurisdiction and waives all objections to this location . All notices must be in writing and will be effective three (3) days after the date sent.