1.1. LINX Website (also referred to below as the “Site”) is hosted under the domain http://www.linx.com.br, owned by LINX S.A., Corporation headquartered at Rua Cenno Sbrighi, 170, 9º andar, sala 1, Água Branca, in the city of São Paulo, State of São Paulo, CEP 05036-010, registered at Corporate Taxpayer's Roll under No. 06,948,969/0001-75, holder and provider of services for all legal purposes.
1.2. This T&C will not amend, replace or supersede any other prior or current agreements made by and between the user and LINX, its subsidiaries or affiliates, for any products, services, and/or assignment of rights, among others.
2.1. The Site may be used by any User that has hardware equipment connected to the internet.
2.2. However, only Users authorized by LINX can access the field called restricted access through login and password previously provided by LINX to such authorized users.
2.3. LINX, may in its sole discretion, grant login and password for access to certain Users to links to portals for customers of solutions licensed by LINX, to access key releases of the solutions and call for technical support, in some cases, and in no event will there will be any financial transaction to be held among the Users of the Site and LINX through use of the Site.
2.4. Eventually LINX may carry advertising of their products through the Site, and in no event shall the information disclosed on the Site replace, prevail or amend any other agreements, whether prior or subsequent, signed between the User and LINX, its subsidiaries or affiliates, for products, services, and/or assignment of rights, among others.
3.1. The User hereby authorizes LINX, at its discretion, to store all information submitted, including all personal data, such as email addresses, IP addresses (Internet Protocol), access date and time, among other information, with the exception of financial data as provided in this T&C. The User also authorizes LINX to provide and/or disclose this information if required by law or if reasonably required to comply with any due legal proceedings; respond to any alleged claims infringement of of third party rights and unlawful disclosure of contact information from a third party (for instance, telephone number, home address), and to protect third parties rights, property, as well as LINX and its users safety.
3.2. LINX will adhere to the provisions regarding personal data protection as per Act No. 12.965/2014 (Brazilian Internet Milestone regulation), to the extent applicable, being responsible for any data entered by the user, which shall be stored for a period of at least 6 (six) months or greater, allowing access to Users or any third party information at this time, provided that legal authorization is given in this regard, as referred to in Article 15 and paragraphs of the aforementioned Act.
3.3. Under no circumstance LINX will store information and financial data from users.
3.4. LINX may use outsourced online processing and/or management companies, as well as monitoring companies to manage Site traffic, which, in some cases, will be able to store and collect information and User data. Bank account information from Users should never be requested.
3.5. The use of the Site implies the User's consent to collect, store and use of personal information provided and its updates, traffic data, IP addresses, among other information.
3.6. Collected information:
3.6.1. LINX will collect the following information: name, address, telephone number, email, taxpayer's ID (CNPJ) and job title. An e-mail address is important so that LINX can send interesting to Users, such as newsletters, reports, articles related to technology and retail, launching of new products, system updates and communications from LINX and partners. However, User may decline from receiving such newsletters at any time. In that case, LINX will cease from sending such notices as soon as it is advised to do so.
3.6.2. LINX staff may contact you via email or phone for any surveys, reply to budget requests or introduce products and services.
3.8. “Cookies” are small text files transferred via Server to hard disk and stored on the User's computer. Cookies may collect information such as access date and time, browsing history, preferences, and user name.
3.11. The Site may eventually contain links to third party websites. LINX will not held liable for any User's information content or security when logging into third party websites. Such sites may have their own privacy policies with regard to storage and maintenance of personal information, which are fully removed from that provided here.
3.12. LINX may use User information and/or data provided and/or collected to:
a) Enforce this T&C;
b) Provide services to User;
c) Create and manage User accounts;
d) Provide data to other Users in the event of issues resulting from the breach of this T&C; and
e) Provide technical support.
3.13. LINX reserves the right to block access to Site to Users in certain countries for lawful reasons.
3.14. As provided for by the applicable legislation and according to the personal data privacy and protection rights, LINX may exclude all and any User's data without further notice if deemed necessary, if the stored data is no longer required for the use as intended, if storage is no longer allowed by force of law, or upon Court petition upon both parties' agreement termination.
3.15. The User hereby declares to be aware that the LINX will not be liable for any thefts, changes or misuse of personal information or its entire content by third parties, including information provided to third party by service providers or other users, duly authorized by users in this T&C, as well as in the event of noncompliance of this T&C by third party service providers.
3.16. The User may choose not to receive certain Site email messages, such as newsletters and offer advertisements, among other information. Such preferences shall not be changed without prior consent of the User.
3.17. LINX may, from time to time, review Users' data and check for incorrect, incomplete or inconsistent information, and reserves the right to delete records from Users that fall within such properties. LINX may, at its discretion, notify the User about the possibility to change his/her registration prior to such deletion.
3.18. Users privacy:
3.18.1. The User will provide information to be received and stored by LINX systems. This information may include personal data such as name, address, among others. The User may not provide this information. The integrity and accuracy of the personal data provided through Site is ensured by the User who will also be liable for any inaccurate information. LINX shall be held harmless from any liability in the event of personal data inaccuracy that is entered by the User on the Site.
3.18.2. LINX undertakes not to sell, disclose, or otherwise provide such information to third parties for marketing purposes or any other purpose that has not been previously approved by its owners.
3.19.1. LINX will endeavor to keep the information and materials contained on this Site as accurate, up-to-date and complete as possible.
3.19.2. All information from Users is collected by LINX using ethical and legal means and stored according to strict security and confidentiality standards. LINX takes all and any measures to protect the safety of your information during transmission.
3.19.3. Where other organizations are hired to provide support services, LINX will require the same privacy, confidentiality and security assurance provided by our T&C. Users' personal information will be shared with LINX partners only when the partnership is expressly stated on the page containing the relevant form.
3.19.4. No data transmission over the Internet is absolutely safe. On that account, despite of all efforts undertaken to ensure Users personal information protection, LINX cannot ensure that all information transmitted over this Site will be safe during Site browsing.
3.19.5. This T&C may be changed at any time by LINX, and we recommend that Users check its content from time to time.
4.1. Users agree to defend, indemnify and hold harmless LINX from any liability as well as its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees with respect to any and all claims, loss, damage, liability, costs, or expenses (including, without limitation, attorneys' fees and costs) incurred by reason of: (i) misuse and access to the Site; (ii) violation a/or failure to observe any of these T&C and other LINX policies; (iii) violation of any right of any third party; or (iv) violation of any legal provisions. This defense and indemnification obligation will survive these T&C and/or access to the Site.
4.2. The users are fully responsible for any content published by them on the Site, answering according to the applicable law, for the production and publication of contents containing the following items:
a) Content that is unlawful, defamatory, libelous, offensive, obscene, pornographic, indecent, lewd, vulgar, sexually explicit, containing harassment, threat, invasive of privacy or which offend individual rights, abusive, fraudulent or otherwise objectionable in any way, in the form of Brazilian law;
b) Content that could constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state, national or international law;
c) Content that describe, make referrals or somehow mention violent, dangerous, illegal and/or criminal acts;
d) Content that describe, make references to, or in any way mention hatred or discrimination as to gender, sexual orientation, race, religion or nationality;
e) Content that is harmful or demeaning to the reputation of the trademarks or trade names of third parties, including the Site itself, LINX or other Users, or products or services;
f) Content that may violate patent, trademark, trade secret, copyright or other intellectual property rights of third parties;
g) Contents that embodies people or entities aggressively or degeneratively, or misrepresent the affiliation with a person or entity;
h) Promotions, promotional campaigns, political campaigns, ads or requests that have not been previously authorized;
i) Information and/or third-party data, such as street addresses, telephone numbers, email addresses, registration numbers of individuals or legal entities (CPF or CNPJ), credit card numbers, among others;
j) Viruses, corrupted data or other types of malicious code, harmful or destructive files; and
k) Content added to the Site by a User, but produced by another person.
4.3. Any holder of intellectual property rights or Internet user, whether or not User of the Site, who check any kind of infraction of these rights on the Site can send supported notification, and with indication of the link which refers to such supposedly infringing content, address and/or e-mail: firstname.lastname@example.org.
a) LINX will review the terms of any complaints that are forwarded and may or may not, according to the applicable legislation, remove Content and/or materials that infringe the rights of third parties or the law;
b) The user or complainant is informed and agrees that the information contained in their notice, including personal information, may be sent and/or revealed to the User who allegedly committed the alleged violation, as well as the administrative, judicial and/or governmental authorities, if the allegations made are unfounded and/or in case of valid legal measure that requires the User or the complainant registration information; and
c) The User or complainant should also be aware that, upon making deceptive statements and/or fraudulent claims regarding the Content, material, act and/or omission that raised the alleged violation shall be the sole responsible for all resulting damages, including costs and attorneys' fees, eventually allocated to LINX and/or by the alleged offender, whether or not being from the removal of access, content availability, offers, material or activity improperly claimed as infringing.
5.1. LINX HAS NO RESPONSIBILITY FOR THE USE OF THE SITE BY USERS, AS WELL AS PUBLICATIONS OR RELEASE OF ANY CONTENT OR COMMENTS BY USERS, WHICH ARE FULLY LIABLE FOR ANY ACTS CARRIED OUT DURING THE USE OF THE SITE.
5.2. Users are aware that LINX shall not be held responsible or be subjected to any losses and/or damages incurred in view of relations made through the Site. Users agree that, in the event of a dispute between them, LINX shall not be in any way involved or responsible.
5.3. LINX can assist, at its option and discretion, the contact between users, in case of problems.
5.4. LINX can also delete from the Site Users who present too many problems in their relations through the Site, or those who infringe Brazilian laws. Such exclusion, if any, will not generate any rights to Users.
5.5. Due to the activities of the Site are held in electronic media that is beyond its control, LINX does not declare, and remains unable to ensure that the environment outside the Site and the Internet environment are completely free of viruses, malicious code or other harmful components.
5.6. In view of the impossibility of full and uninterrupted operation of any telecommunications or computer system during 365 (three hundred and sixty-five) days per year, 24 (twenty four) hours per day, in this situation of fragility also including, because of its complexity, the availability of the Site, even given the reliance of telecommunications services provided by third parties, LINX does not guarantee in any way the use of the Site described in this T&C uninterruptedly or error-free and is not responsible for the impossibility of use of the Site during periods of unavailability.
5.7. ASIDE FROM THE RESPONSIBILITIES PROVIDED FOR IN THESE T&C, IT IS NOT AFFORDED ANY ADDITIONAL GUARANTEE TO USERS, AND LINX IS LIMITED TO THE RESPONSIBILITIES DESCRIBED HEREIN. LINX DOES NOT GUARANTEE, REFUND, REIMBURSE OR INDEMNIFY ANY USER IN RESPECT OF ANY OTHER PROVISIONS HEREOF NOT ORIGINALLY ESTABLISHED.
5.8. IN NO EVENT SHALL THE TOTAL LIABILITY of LINX for the SUM of any and all CLAIMS, fines and damages, when ARGUABLY DUE, exceed the amount corresponding to R$ 500.00 (FIVE HUNDRED dollars) DUE to WHAT IS ESTABLISHED in This T&C.
6.1. All elements and/or tools found on the Site belong to LINX, and are subject to intellectual property rights according to Brazilian legislation and International Treaties and Conventions of which the country is a signatory. As an example, these elements mean: text, software, scripts, graphics, images, sounds, music, videos, interactive features and alike, trademarks, service marks, logos and "look and feel".
6.2. The elements and/or tools that are made available to Users are as and only as is and for informative purposes only while using the Site. Such elements and/or tools may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose, without LINX's prior consent in writing.
6.3. LINX reserves the rights that are not expressly provided for in connection with the Site, Systems, elements and/or tools. Users undertake not to use, reproduce or distribute any elements and/or tools not expressly allowed by LINX's Site. If the User make any copies, whether through download or printing, of the elements and/or tools from LINX's Site for personal use only, he/she must preserve all relevant intellectual property rights. Users agree not to tamper, disable or otherwise interfere with features and/or security-related tools on the Site, under penalty of legal actions to be filed against them.
7.3. In case of doubts regarding Site use and/or access, the User can click on the link http://www.linx.com.br/contact. Any questions, notes and/or comments about the Site may be sent to email@example.com
7.4. All questions forwarded to LINX will be answered within 30 (thirty) days from the date of request.
7.5. The User shall indemnify LINX, its affiliates, subsidiaries or controlling shareholders, directors, officers, employees, representatives and associates, partners and/or other users due to any claims filed by other users or third parties arising out of Site activities, whether for breach of this T&C or unenforcement of any law or the rights from third parties including attorneys' fees. Articles 186 and 927 of the Brazilian Civil Code (Act No. 10.406/2002) will be applicable in this case.
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