Introduction
Welcome to Arte Nexus. These Terms of Service ("Terms") govern your access to and use of the Arte Nexus website, including any subdomains (collectively, the "Site"), and any services, features, content, applications, or products offered through the Site (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Account Registration and Security
To access certain features of our Services, you may need to register for an account. When you register, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Important: We reserve the right to disable or delete your account at our sole discretion, without notice, for any reason, including if we believe that you have violated these Terms.
User Content
Our Services may allow you to post, upload, or submit content, including but not limited to text, photos, and other materials ("User Content"). You retain ownership of any intellectual property rights you hold in your User Content. By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business operations.
You represent and warrant that:
- You own all rights to your User Content or have the right to grant the licenses described above;
- Your User Content does not violate any rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
- Your User Content complies with these Terms and all applicable laws and regulations.
We reserve the right to remove any User Content from our Services at our sole discretion, without notice, for any reason, including if we believe that the User Content violates these Terms or may create liability for us.
Prohibited Conduct
You agree not to:
- Use our Services in any way that violates any applicable law or regulation;
- Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors;
- Use our Services to transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services;
- Use our Services to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- Use our Services to engage in any fraudulent or deceptive conduct;
- Use our Services to infringe any patent, trademark, trade secret, copyright, or other intellectual property right;
- Use our Services to upload or transmit viruses, malware, or other malicious code;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services;
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
- Collect or harvest any information from our Services, including email addresses, without our consent.
Intellectual Property Rights
The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, images, graphics, logos, icons, and audio and video clips) are owned by Arte Nexus, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality thereof. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms or with our prior written consent.
Links to Third-Party Websites or Services
Our Services may contain links to third-party websites or services that are not owned or controlled by Arte Nexus. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Arte Nexus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Disclaimer of Warranties
Important Legal Notice:
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTE NEXUS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.
Limitation of Liability
Important Legal Notice:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTE NEXUS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES, ANY CONTENT ON OUR SERVICES, OR ANY OTHER CONDUCT IN CONNECTION WITH OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Arte Nexus, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms.
Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or our Services shall be brought exclusively in the competent courts located in São Paulo, Brazil, and you consent to the personal jurisdiction of such courts.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Terms on this page with an updated revision date. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. Your continued use of our Services after we post changes to these Terms constitutes your acceptance of those changes.
Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Miscellaneous
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Arte Nexus regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.
Waiver and Severability
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.