TERMS OF USE

Last update February 5th, 2013

INTRODUCTION

Dear User,
Please read carefully the terms and conditions (“Terms of Use”) set forth below so you can enjoy the PiniOn App and all of its related Websites. Remember that while using it, you are declaring to be aware of the following Terms of Use, and agreeing to all of its clauses and conditions. In case you disagree with any provision of these Terms of Use, please do not use our services and products. The use of this App implies in the immediate acceptance of these Terms of Use.

For the purposes of these Terms of Use, is considered a “User” of our App and Website only and solely a natural person previously and regularly Signed up in our App or Website as determined in these Terms of Use, yet in accordance with the Privacy Policy of our App and Website.

The valid and effective version of these Terms of Use is the one currently published on our App and Website. This version helps to control and regulate all the present and past relations between our Users, respected acquired rights, flawless legal actions and judged affairs. The User must always read the Terms of Use carefully and may not excuse himself claiming ignorance of its provisions, including as to any changes.
Some services and contents available on our App are or may be subject to Terms of Use, licensing, assignments and specific regulations. In the case of conflict between these instruments, the specific terms and conditions shall prevail.

SERVICES

The present App was developed and is available only and exclusively for the Users, the services provided consist in an interactive experience that allows the Users to creatively contribute regarding several themes and topics which are required in our Missions, in different ways and with different contents (which may be added to the App under the sole responsibility of the User).

The services available on the App, as well as how to provide them or disclose them, as the case may be, enlarged, reduced, modified or terminated at any time at the sole discretion of PiniOn, regardless of prior notice to the Users in this matter, the new conditions will start taking place from the moment they are inserted or released by the App or Website or when the Users are notified about them by any means, whichever occurs first.

USER REGISTRATION

The User Registration to access the App must be made only and solely by the natural person interested in using it. For registration purposes, the Users must complete the registration form providing real and accurate information, being civilly and criminally responsible for their accuracy, also being obligated to update the data whenever necessary due to any changes. The User must also:

Be over 18 years old and be in the full exercise of their mental abilities.

Agree that you have read and are aware of and in full agreement with all terms and conditions contained herein; and

Recognize the validity of the Electronic Agreement

In the moment of the App registration, the User shall pay close attention while filling out the data, being understood from the beginning that the App will not be responsible for User mistakes during the registration act, for example, double registration, wrong information, etc.

It is strictly forbidden to hold more than one registration per User, as well as to take, without authorization, another User’s identity. In both cases, PiniOn may block the offending User’s access without previous notice, as well as, to seek compensation for possible damages.

The User is solely responsible for the activities that take place in his/her registration and login, being responsible for storing the registration information and password in a safe place. The User must notify PiniOn immediately about any unauthorized breach of security or misuse of the registration. Although the App is not responsible for any losses caused by unauthorized use of your registration, the User may be liable for PiniOn losses or third-party losses due to such unauthorized use.

The User will be responsible for informing PiniOn, by Email, about any changes to the information provided while registering. Each User registration is an integral part of these Terms of Use and will be used by PiniOn to identify each User, for all the purposes and effects of right. After registering and logging in, providing the password and accepting these Terms of Use, the User may start participating in the services offered by the App.

 

In case the User breaks any of the terms contained in these Terms of Use, at the sole discretion of PiniOn, the User registration will be blocked and all the content posted by he/she may be removed from the Website without previous notice.

PINION USAGE AND WARRANTY LIMITATIONS

According to the present Terms of Use and other PiniOn regulations and use conditions, the Users may, at their sole discretion, use the services available on the App by the submission, insertion and availability of creative content in different forms and formats, such as photos, texts, opinions, surveys, quizzes and more.

The usage of PiniOn services is under the sole responsibility of the User. In general, the services provided are free of charge and depend on the functionality of several factors such as the interaction of servers and third-party telecommunication services, the adequacy of the User and third-parties equipment, among others. Taking this into consideration, PiniOn always employs its best efforts to ensure that the services work properly without any interference.

However, considering the nature of the services and the current state of the related technical issues regarding telecommunications and electronic transmissions of data and the computer equipment operation, PiniOn does not guarantee the privacy, security, functionality, accuracy and efficiency of the App. PiniOn does not guarantee that the App will be available uninterrupted or free from any errors or failures that may occur and so little ensures the impossibility of your system and servers being attacked, hacked, modified or damaged in any way by third-parties.

PiniOn does not guarantee against the interference of external factors such as programming routines or the use of codes created to interrupt, destroy or change the software, hardware, telecommunications equipment or that may cause damage to the User or third-parties.

PiniOn does not assume any damage suffered by the User, resulting from the access to the global Internet network.

PiniOn is not responsible for any failure on the system, although for reasons attributable to it, being established that the App services will be provided as they are available.

PiniOn is not and will not be responsible for (i) the quality of the User’s smartphone Internet connection under any circumstances , (ii) the availability or unavailability of the Internet access services provided by third-parties, (iii) the inability to use any of the services above due to the incompatibility of the services with the technical configuration of the User’s smartphone, (iv) for User disobedience regarding the Terms of Use set forth herein, (v) for any damage suffered by the User due to the use of the App, and (vi) for the repair of damages of any kind caused by the breach of privacy or User data security when connecting your smartphone to the Internet via third-parties.

PINION THUS EXCLUDES AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY FOR LOSSES AND DAMAGES OF ANY KIND, LOST PROFITS AND CONSEQUENTIAL DAMAGES, THAT MAY ARISE FROM THE LACK OF CONTINUITY OR OPERATION OF THE APP AND, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE OFFERING OR USE OF THE APP SERVICES, INCLUDING, BUT NOT LIMITED TO, POSTING AND THE AVAILABILITY OF THE APP CONTENT.

The User, after registering and logging in, providing the password and accepting these Terms of Use, will be able to participate in the Missions and thus provide their opinion and content for PiniOn.

THE USER CANNOT SEND/POST CONTENT THAT:

Disrespects the Brazilian law in general and the laws of copyright and/or intellectual property;

Contains images or messages of pornographic, pedophile, racist and violent content, offensive to honor, privacy, image, personal and family privacy content, or contrary to law, order, morals and good customs content;

Is produced with the intention of committing fraud or that encourages the practice of illegal or contrary to moral conduct;

Is produced without the prior and proper obtaining of all of the authorizations and consents by written of third-parties that will eventually appear in the content, whether they are copyright owners and/or related to the materials inserted in the content, and/or owners of rights to the same; and
The User has full responsibility for the content he/she may produce or make available, which exempts PiniOn from any liability for any violation of these Terms of Use or of third-party rights.

Although PiniOn validates all the content submitted by the Users of the App, any and all content sent by Users may be approved or disapproved, and consequently used or not by PiniOn, in its sole discretion and without a time limitation, being set from here on that the content submitted by the Users, selected or not, may be discarded at any time, in its sole discretion, regardless of prior or subsequent notification.

The User agrees and acknowledges that PiniOn can change any of the App aspects, even suspending or canceling it, in its sole discretion and at any time, regardless of prior or subsequent notice to the Users.

PINION DISCLAIMS ALL LIABILITY FOR ANY DAMAGES AND LOSSES OF ANY KIND THAT MAY ARISE ACCESS, INTERCEPTION, REMOVAL, ALTERATION, MODIFICATION, USE OR MANIPULATION BY UNAUTHORISED THIRD-PARTIES, AND FILE COMMUNICATION TRANSMITTED THROUGH THE APP.

The User agrees and acknowledges that PiniOn may cancel and/or block access of any User at any time without prior or subsequent notice in case he/she should be found guilty of acts or conduct that (i) violates federal, state and/or municipal laws and regulations, (ii) are contrary to these Terms of Use or (iii) violates the principles of morals and good customs.

PINION THUS EXCLUDES AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY FOR LOSSES AND DAMAGES OF ANY KIND, LOST PROFITS, AND DAMAGES THAT MAY ARISE FROM THE LACK OF CONTINUITY AND OPERATION OF THE APP, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE OFFERING OR USE OF THE APP SERVICES BY THIRD-PARTIES.

CONTENT USAGE BY PINION

PINION IS A COLLABORATIVE PROJECT AND IT HAS BEEN BUILT THROUGH THE CONTRIBUTION OF THE USERS, WHO USE THE APP AS A COMMUNICATION CHANNEL FOR POSTING CONTENTS AND OPINIONS. THUS, PINION APPROPRIATES OF THE USER’S CONTENT.

HOWEVER, THE CONTENT ONCE POSTED BY THE USER, PROPERLY REGISTERED ACCORDING TO THE EXPECTED IN THESE TERMS OF USE, LICENSES TO PINION, AUTOMATICALLY AND AS SOON AS VALIDATED AND APPROVED, TO THE COST OF THE COMPLETED AND ORIGINATING MISSION OF THE CONTENT, WITHOUT TIME LIMITATION, IN UNRESTRICTED, IRREVOCABLE AND IRREVERSIBLE CHARACTER, ALL PROPERTY RIGHTS HE/SHE MAY HAVE OVER THE CONTENT, ALLOWING PINION TO USE AND/OR POST THE CONTENT FOR ANY PURPOSE, IN FULL OR BY PARTS, ORIGINAL, MODIFIED OR BY DERIVATIVE WORK, AS WELL AS TO DISPLAY SUCH CONTENTS AND/OR WORKS IN OTHER TYPES OF MEDIA AND FORMATS.

THE USER STILL GUARANTEES AND DECLARES THAT PINION, AT ANY TIME, MAY HIRE OTHER PROFESSIONALS OF ITS OWN CHOOSING, TO CHANGE AND/OR MODIFY THE CONTENTS, ENSURING TO THE USERS THEIR RESPECTIVE CREDITS, IF THAT IS THE CASE.

The User hereby declares and acknowledges that, from the date of acceptance of these Terms of Use, PiniOn can freely use, distribute and/or disclose the content and/or any materials and/or parts related to the contents without any limitation of time, territory, media and/or number of exhibitions, reproductions and/or transmissions being that the amount paid to the User due to such use, is set directly in the value of the completed Mission, which is also the originator of the content.

PiniOn may exercise its rights to the content anywhere in the world, directly or through any companies/associations affiliated, sublicensed or sub-distributors, or even by any third-parties. Moreover, PiniOn may sublicense such rights to any third-parties, without the authorization and/or payment to the Users, in addition to those already provided where appropriate in Terms of Use, licenses, assignments and specific regulations.

The User declares, from now on, to be the sole and exclusive owner or lawful licensee of all property copyright regarding the submitted content, and to take full and exclusively all responsibility in this sense, being entirely responsible, moreover, for licensing or sublicensing, as the case may be, the rights granted herein, including regarding the authorization of images and content usage, not having PiniOn any responsibility for the same.

ARISING FROM THE PRESENT STATEMENT, YOU, THE USER, FROM NOW ON, IS OBLIGATED TO, IN CASE PINION, ITS ADMINISTRATORS, PARTNERS OR EMPLOYEES BE CALLED TO ANSWER JUDICIALLY OR EXTRAJUDICIALLY BY THE PRACTICE OF UNLAWFUL AND/OR ILLEGAL ACTION BY USING THE CONTENT, EXEMPT PINION, ITS ADMINISTRATORS, PARTNERS OR EMPLOYEES FROM ANY RESPONSIBILITY, AS WELL AS TO REQUEST THEIR EXCLUSION OF THE PROCESS, IF NECESSARY, AS WELL AS TO REIMBURSE THEM FOR ANY EXPENSE, COST OR LOSS THAT THEY MAY INCUR, INCLUDING BUT NOT LIMITED TO, INDEMNITY, COURT COSTS AND/OR LEGAL FEES.

The User declares to be aware that PiniOn can provide space in the App for the placement of brands and/or third-party logos as sponsors and/or cultural supporters and/or institutional from PiniOn itself, also, these brands can be associated with the App, without such actions being considered as commercial use of the content, for any reason or pretext.

COMMERCIAL USE OF THE CONTENT BY PINION

Notwithstanding the foregoing, PiniOn may, since previously and expressly authorized by the User at the time of their content submission, use the posted content for commercial purposes, in its original form, modified or by derivative work to be produced by PiniOn and/or by professionals hired by them, being able, in those cases, to exploit the content commercially (individually or along with other contents, in part or fully), i.e reproduce them, release them, display them, distribute them and produce them with commercial purpose only, in accordance with the Terms of Use, licenses, specific regulations, established case by case.

For the commercial use of the content, in the way foreseen above, PiniOn may among other modalities eventually developed:

(i) Perform “Missions”, “Contests” and other types of promotional events that eventually, will award the Users, in accordance with the specific regulations to be published by occasion at the completion of each “Mission” and/or “Contest”;

(ii) Promote the sale, commercialization, licensing and/or assignment of rights, through the App, of User content, by the amount paid to the User for the completed Mission, in accordance with the specific rules and instructions to be published for each Mission;

(iii) Offer remuneration to the Users through the participation in the “Missions” promoted by the App, in accordance with the specific rules and instructions to be published for each Mission;

The User declares to be aware that, once the commercial use of its contents is authorized, under the present Terms, he/she should refrain from using it, in accordance with the conditions in the Terms of Use, licenses, licensing and specifically established regulations. All the content generated by the User while participating in a mission available on PiniOn, that has been validated and approved, will be sold and/or assigned, as universal title, irrevocably and irreversibly, in its totality of property copyrights to third-parties.

Once the content sent by the User is validated and approved, he/she will be paid for the purchase of the copyright for that content, where the price of the purchase is directly linked to the value of the Mission that he/she have participated in, which is also where the rules, criteria and requirements for the generation and approval of the user submitted content are established.

The User agrees that he/she will not protest any further, in or out of court, any remuneration, provision, rectification, republication or any other action related to the assignment of the aforementioned rights, to any title or pretext.

THE USER recognizes and agrees that the amount of the sale is determined by the value of the Mission.

THE USER declares and guarantees yet to be aware and subject to all of the guarantees and obligations under this agreement. The sale here mentioned covers the rights of reproduction of the content, as well as the complete transfer of its property rights.

THE USER agrees that the generated content, which is commercialized by PiniOn, is composed of answers, Surveys, opinions, photos, geolocation and basic registration information that do not reveal the User identity.

IN ANY CASE, AND WHENEVER PRIOR AND EXPRESSLY AUTHORIZED BY THE USER, PROPERLY REGISTERED ACCORDING TO THE EXPECTED IN THESE TERMS OF USE, PINION MAY, IN UNRESTRICTED, IRREVOCABLE AND IRREVERSIBLE CHARACTER COMMERCIALIZE ALL THE PROPERTY RIGHTS RELATED TO THE CONTENT, BEING ABLE TO EXPLOIT COMMERCIALLY THE CONTENT THROUGH ITS OWN PLATFORM, IN FULL OR BY PARTS, ORIGINAL, MODIFIED OR BY DERIVATIVE WORK.

VIOLATION TO THE TERMS OF USE

In the event of any User or third-party consider that there are facts or circumstances constituting unlawful use of any material accessible through PiniOn, their Websites and Social Networks, in particular, any content that may represent criminal practices, infringement of intellectual property rights, other rights and of these Terms of Use, he/she must communicate PiniOn via the following Email address: [email protected], containing the following information:

(i) Personal information: Name, address, telephone number and Email address of the claimant;

(ii) The specification of the alleged illicit activity occurred, particularly, in the case of alleged copyright infringement, the precise and complete indication of the protected content allegedly infringed, and its owner;

(iii) Facts or circumstances that reveal the illicit nature of such activity;

(iv) In the case of the misuse of intellectual creations or the usurpation of rights, we will need an express and clear statement referring that the use of the content was carried out without the consent of the holder of the intellectual property or rights allegedly infringed, where applicable; and

(v) The express and clear declaration, under the sole responsibility of the claimant, that the information contained in the notification is correct and accurate and, where applicable, that the use of the content of the specified files represents a violation of intellectual property rights.

Once such notification is received, PiniOn, at its sole discretion and without the need of previous notice, reserve the right to allegedly remove the infringing content from its channels.

NOTWITHSTANDING THE RECEIPT OF A NOTIFICATION, IN THE TERMS ABOVE, ALL PINION SERVICES CONSIST OF AN INTERACTIVE PLATFORM AVAILABLE TO THE USERS, IN A WAY THAT PINION CAN SUPERVISE ALL THE CONTENT GENERATED BY THEM, HOWEVER NOT BEING RESPONSIBLE FOR THEM, EVEN IF AN ALLEGED ERROR OR INFRINGEMENT IS NOTIFIED. THUS, PINION IS EXCLUDED OF ANY AND ALL LIABILITY FOR ANY CONDUCT OR CONTENT IN THE APP.

PINION PROVIDES MEANS TO COMPLAIN IN WHICH MAY BE REPORTED ANY ABUSE OR VIOLATION OF RIGHTS, AS DEFINED IN THE TERMS ABOVE. EACH USER IS THE SOLE AND EXCLUSIVE RESPONSIBLE FOR THE CONTENT GENERATED AND SENT THROUGH THE APP, AS WELL AS FOR HIS/HER CONDUCT ON PINION.

INTELLECTUAL PROPERTY AND USER LIMITATIONS

THE USER IS NOT ALLOWED IN ANY CASE,  TO REPRODUCE, USE, COPY, DISTRIBUTE, ALLOW PUBLIC ACCESS OR PROVIDE TO THE PUBLIC ANY FORM OF CONTENT SENT TO PINION.

The User is not allowed, in any way, to employ any technical mechanisms that may jeopardize or change the regular use of the App, without a prior consultation of a PiniOn manager. These mechanisms include the use of robots (bots), spiders, scripts or any other form of automated access to the App that somehow serves to undermine its goals and purposes. The use of these resources without prior authorization imply in the violation of these Terms of Use and subjects the offending party to pay the appropriate indemnity.

All brands, trade names and distinctive signs of any kind present on PiniOn, including its own brand and name, are owned by their respective owner of rights. To use any of these brands, marks, names and/or signs, one must obtain the authorization of its owners first.

PAYMENT

The Users are able to request the payment for their Missions inside the App.

The completed missions will be paid via deposit, we will need the User’s name, CPF (equivalent to the Social Security Number) and bank details to transfer the amount to his/her checkings account.

The payments are granted upon the completion of sponsored Surveys, profile Surveys and other Mission types. You can request the payment at any time after reaching the minimum amount of R$ 50,00 (fifty reais). After receiving the User’s notification, PiniOn shall check the amount into his/her account and carry out the deposit in the account held by the registered User.

All payments will be void where prohibited by applicable laws or regulations and are subject to change as may be required to comply with such laws or regulations. If the User cancels his/her PiniOn account, he/she may request the payment of the remaining values, otherwise, these values will become PiniOn’s property. Is no longer an active member (people who participated in a Survey or any other activity on the Website during 12 months since registering or in the last 12 months).

PiniOn is not going to provide any notification about the cancellation and invalidation of the User’s payments.
PiniOn reserves the right to suspend these rules of cancellation and invalidity, in its sole discretion.
DECEIT, FRAUD AND CORRECTION OF ACCOUNT ERRORS

PiniOn reserves the right to monitor all User activities regarding payments. If required by law, in case the User has violated our Code of Conduct, or if his/her account presents signs of fraud, abuse or suspicious activity, his/her member’s account shall be terminated and all the accumulated values shall be confiscated. If the User conducts any fraudulent activity, PiniOn reserves the right to take any necessary legal action and may have grounds to confiscate any rewards converted as a result of such activity.

In addition, the User may be liable for monetary losses towards PiniOn, including litigation and indemnity costs, and will not be able to participate in further PiniOn activities. If the User’s account does not accurately reflect their balance, PiniOn reserves the right to correct such errors. If the User receives a payment by mistake or believes his/her account is being used in suspicious activities, one must contact PiniOn immediately. If it is established that the User was a victim of fraud, the amounts received will be transferred to a brand new account.

DIVERSE PROVISIONS

This instrument is the sole and only agreement between PiniOn and its Users, requiring and benefiting themselves and their successors, for any reason whatsoever.
The failure or delay to exercise, by PiniOn, of any right, resource, action or privilege provided herein should not be construed as a waiver or novation to them.

The single or partial exercise of any right, resource, action or privilege provided herein does not preclude any subsequent exercise for PiniOn or the exercise of any other right, resource, action or privilege secured to them.

The prohibition, invalidity or unenforceability of any provision hereof shall not prejudice or affect the same as a whole and should remain in force all the other provisions hereof which are not affected by the prohibition, invalidity or unenforceability of the inoperative clause.
Users may not assign or transfer any of their rights and obligations to third-parties under this instrument.

PiniOn’s availability is untimed and we reserve the right to terminate, suspend or interrupt unilaterally and at any time, without prior or subsequent notice, the availability of the App, or its entire transformation and/or modification. It is worth noting that, in view of the system adopted by PiniOn and the Brazilian Law of Copyright, the method of assignment/licensing of content, which shall remain valid and enforceable according to its own terms.

As stated above, PiniOn also reserves the right to cancel and stop the registration of any User at any time, in its sole discretion, without prior or subsequent notice or, in specific terms set forth in these Terms of Use, to remove, relocate or change any content at any time without prior or subsequent notice. All notifications made by the PiniOn Users should be made solely through the contact channels within the App Management Team.

When the User performs a PiniOn mission, he/she is not making any employment or service provisions. The only bond established between the User and PiniOn is the performing of the mission and the sale of the copyrights for all of the generated content on it, being the remuneration for this acquisition of rights directly attributed to the amount paid by the Mission.

We elect the (foro da Comarca de São Paulo) State of São Paulo, as the sole jurisdiction to resolve any disputes arising from this instrument, regardless of any other as privileged as it is or may be.

Last update February 5th, 2013

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