2 Acceptance of the terms
2.2 The user can accept the terms by:
(a) Clicking to accept or agree to the terms, where this option is made available in the WBS Tool user interface for every service; or
(b) Effectively using the website and its services. In this case, the user understands and accepts that the WBS Tool will consider the use of the services as an acceptance of the terms from that point onwards.
2.3 The user may not use the Services and may not accept the Terms if he or she (a) is not of legal age to form a binding contract with WBS Tool, or (b) is a person barred from receiving the Services under the laws of the Brazil or other countries including the country in which you are resident or from which you use the Services.
3 Proprietary rights
3.1 The user acknowledges and agrees that WBS Tool own all legal right, title and interest in and to the website and its services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The user further acknowledges that the services may contain information which is designated confidential by WBS Tool and that he or she shall not disclose such information without the prior written consent of the WBS Tool.
3.2 Unless the user have agreed otherwise in writing with WBS Tool, nothing in the Terms gives you a right to use any of WBS Tool’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.3 The user agree that he or she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
3.4 Unless the user has been expressly authorized to do so in writing by WBS Tool, he or she agrees that in using the Services, he or she will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4 Term of User Subject
4.2 The Services are offered to the User free of charge and the User understands and accepts that the Author have the Right to change this condition afterwards according to the Author convenience and without previous notice and/or consent from the User.
4.3 The Author does not offer any warranty, support or service level and the User acknowledges that is using the Services provided by the WBS Tool on its own risk.
4.4 The user acknowledges and accepts that the availability and performance of the Services are subject to interruptions and failures and that the Author cannot be held accountable for casual damages caused by such events.
5 Use of Services
5.1 In order to have access to some of the WBS Tool Services, it's necessary for the user to provide some personal data (as e-mail and access code). It is established hereby that the user is held accountable for the authenticity and veracity of such information and that the user is to be held accountable for any damage caused to third parties for the supplying of wrong or untruthful information while the Author is exempt from any accountability.
5.2 The user commits itself to use the WBS Tool with good faith and in accordance to all applicable laws, norms and regulations whenever applicable as well as with the public order, morality generally accepted.
5.4 The User cannot practice any act that can be qualified as spam. Also, no data created in the website by the user can be used with advertisement purposes, in a direct or indirect way, or with any commercial purpose without the previous consent of the author.
5.5 The user that submit any content or participate in any activities related to the WBS Tool guarantees and certifies that is not infringing any rights, legal, contractual or from third parties as well as any others. The user will be held accountable for any claims from third parties and will take all the legal responsibilities related to the claim. The User acknowledges that the WBS Tool will denounce any litigation and dispute in which is involved due to the contents and conducts submitted or forwarded by Users or third parties according to the applicable law in order not to be considered as part of the litigation or dispute.
6 Protection of Personal Data
6.1 In order to access certain Services and contents from WBS Tool, it is necessary that the User provides some personal data. WBS Tool adopts the security levels according to the legal requirements for protection of personal data. However, the user acknowledges and accepts that by the nature and technical characteristics of the Internet, this protection is not flawless and is subject to violation by several malicious practices.
7 Service interruption, Content removal and User Removal
7.1 The availability of the WBS Tool Services does not have a finite duration but the WBS Tool have the Right to terminate, suspend or interrupt unilaterally at any time without advance notice the partial or total availability of the Service or its complete transformation or modification. The WBS Tool reserves its deriving right to cancel or interrupt the register of any User, at any time, unilaterally without advance notice or to remove rearrange or change any content at any time without advance notice.
8 Warranty and Responsibility Disclaimer
8.1 By Technical or operational reasons, it is not possible to guarantee the continuity and availability of the WBS Tool, as well as void its fallibility. All Services offered by the WBS Tool are made available in the state that they are. The utilization of the WBS Tool and its related services must be done by the risk of the User. WBS Tool does not guarantee the use of the services by the users and cannot be held responsible for any form of use from the user. The User is from now on advised that he or she proceed by its own diligence, account and risk to use the WBS Tool.
8.2 THE AUTHOR BY THIS WAY EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM THE LACK OF CONTINUITY OR FUNCTIONING OF THE WBS TOOL, AS WELL AS THE ONES DERIVED OR ELAPSED FROM THE USE OF THE WBS TOOL, FROM THE POSTING OR PUBLISHING OF CONTENTS IN IT. WBS TOLL IS A MERE COMMUNICATION CHANEL MADE AVAILABLE TO THE USERS AND DOES NOT SUPERVISEOR TRACK USER CONTENTS. IT IS EXCLUDED THUS ALL AND ANY RESPONSIBILITY AND ACCOUNTABILITY BY CONDUCTS OR CONTENTS IN THE SPHERE OF THE WBS TOOL.
8.3 With regards to the user privacy, the WBS Tool adopt security levels according to the legal requirements to the protection of User personal data. However, the User acknowledges and accepts that by the nature and technical characteristics of the internet, this protection is not flawless and is subject to violation by many malicious practices. In this case, the user understands and accepts the inherent risk that it may be possible to third parties to infer in different ways information about conditions, characteristics, data, circumstances and classes pertinent to the Users of the WBS Tool.
8.4 THE AUTHOR BY THIS WAY, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM ISSUES RELATED TO THE USER PRIVACY AS WELL AS ISSUES RELATED TO INFORMATION OBTAINED FROM THE WBS TOOL, IN THE USE OF SERVICES OR IN ANY OTHER FORM ACCORDING TO THE ABOVE TERMS.
8.5 The WBS TOOL does not guarantee the absence of harmful elements perhaps present in the contents, including virus that can produce damage in information systems, electronic documents and stored files.
8.6 THE AUTHOR BY THIS WAY, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM HARMFUL ELEMENTS PRESENT IN THE CONTENTS, THAT CAN PRODUCE DAMAGE IN INFORMATION SYSTEMS, ELETRONIC DOCUMENTS AND STORED FILES.
8.7 The WBS Tool does not guarantee the legality; confidentiality and utility do the contents.
8.8. THE AUTHOR BY THIS MEANS, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM THE TRANSMISSION, DIFFUSION, STORAGE, PUBLISHING, RECEPTION, OBTAINMENT, OR ACCESS TO CONTENTS, AND IN PARTICULAR, AND NON EXCLUSIVELY, BY DAMAGES THAT CAN ELAPSE FROM:
(a) DISRESPECT TO THE LAW, MORAL, AND GOOD COSTUMES GENERALLI ACCEPTED OR PUBLIC ORDER, AS CONSEQUENCE OF THE TRANSMISSION, PROPAGATION, STORAGE, PUBLICATION, RECEPTION, OR ACCESS OR OBTAINMENT TO THE CONTENTS;
(b) THE INFRACTION OF INTELECTUAL AND INDURSTRIAL PROPRIETARY RIGHTS, CORPORATE SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, HONOR RIGHTS, PERSONAL AND FAMILIAR INTIMACY, PERSONAL IMAGES, PROPRIETARY RIGHTS OF ANY NATURE OWNED BY THIRD PARTIES AS A CONSEQUENCE OF THE AS CONSEQUENCE OF THE TRANSMISSION, PROPAGATION, STORAGE, PUBLICATION, RECEPTION, ACCESS OR OBTAINMENT TO THE CONTENTS;
(c) FROM THE REALIZATION OF ACTS OF DISLOYAL COMPETITION AND UNLEGAL PUBLICITY AS CONSEQUENCE OF THE TRANSMISSION, PROPAGATION, STORAGE, PUBLICATION, RECEPTION, OR ACCESS OR OBTAINMENT TO THE CONTENTS;
(d) THE LACK OF VERACITY, PRECISION, ACCURACY, PERTINENCE AND/OR PRESENTNESS OF THE CONTENTS;
(e) THE INADEQUACY TP ANY TYPE OF PURPOSE, OR THE FRUSTRATION OF THE EXPECTATIONS GENERATED BY THE CONTENTS;
(f) THE UNFULFILLMENT, DELAYS IN THE FULFILLMENT, DEFFECTIVE FULFILLMENT OR CANCELATION BY ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS CLOSED WITH THIRD PARTIES THROUGH OR BASED ON THE ACESS TO THE CONTENTS;
(g) THE FLAWS OR DEFFECTS OF ANY KIND EXISTING IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WBS TOOL;
8.9 THE WBS Tool does not guarantee the veracity, accuracy, completeness and presentness of the contents.
8.10 THE AUTHOR BY THIS WAY, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM THE LACK OF VERACITY, ACCURACY, COMPLETENESS AND PRESENTNESS OF ITS CONTENTS.
8.11 The WBS Tool, as well as any other internet site, allows the display of links available to its users to access other websites. These links can consist of banners (advertisements, publicity, etc.), buttons, directories and search tools that allow the user to have access to external sites. The results from these tools are direct responsibility from the third parties how own them. The WBS Tool does not control the results from these tools that can direct the user to pages with illicit contents or contents that are against the moral and good practices. The WBS Tool provides the contact tools (see notification) in order to receive, among other information, alerts related to the possibility that this problem exists. The WBS Tool will proceed with the removal according to the terms above described. The WBS Tool does not commercialize by itself or via third parties any information, tip, content or service available in external pages and neither controls, approves, recommends or supervise any external content.
8.12 THE AUTHOR BY THIS MEANS, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM:
(a) THE OPERATION, AVAILABILITY, ACESSIBILITY OR CONTINUITY OF THE EXTERNAL PAGES;
(b) THE SERVICE MAINTENANCE, INFORMATION, DATA, FILES, PRODUCTS AND ANY TYPE OF MATERIAL PRESENT IN THE EXTERNAL PAGES;
(c) THE PROVIDING OR TRANSMISSION OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY TYPE OF MATERIAL PRESENT IN THE LINKED SITES;
(d) THE QUALITY, LEGITIMACY, RELIABILITY AND USEFULNESS OF THE SERVICES, INFORMATION, DATA, FILES, PRODUCTS AND ANY TYPE OF MATERIAL PRESENT IN EXTERNAL PAGES, TIPS AND ANY OTHER CONTENT OF THE SITE;
8.14 THE AUTHOR BY THIS MEANS, EXONERATES AND EXEMPTS ITSELF, IN ALL POSSIBLE EXTENT ALLOWED BY THE BRAZILIAN LAW AND ANY OTHER
APPLICABLE LAW, FROM ANY RESPONSIBILITY BY DAMAGES OF ANY NATURE, LOSS OF PROFITS THAT CAN BE INDUCED OR ELAPSED FROM THE USE OF THE SERVICES, CONTENTS, AND THE WBS TOOL ITSELF THAT CAN BE CAUSE BY PROBLEMS RELATED TO THE VERACITY, COMPLETENESS AND AUTHENTICITY OF THE INFORMATION THAT THE USERS PROVIDE ABOUT THEMSELVES IN ANY CIRCUNSTANCE, AND WILL NOT BE HELD RESPONSIBLE BY ANY DAMAGE AND LOSSES OF ANY NATURE THAT CAN ARISE DUE TO THE UNDUE UTILIZATION OF THIRD PARTY PERSONALITY BY A USER OF IN ANY CLASS OR SITUATION INSIDE THE WBS TOOL.
9.1 All the notifications from the WBS Tool users must be made solely and exclusively by means of the contact channel available in the "Talk to us" link in the main page of the website. All the notifications and communications made by the WBS Tool towards its users will be considered valid and effective, for all measures when done through the following forms:
(a) Send of an e-mail message to any e-mail address provided by the user;
(b) Through messages posted in the WBS Tool in pages frequently accessed by the user.
9.2 Hence, all the notifications made by the WBS Tool will be considered valid when made employing the data and through the means previously mentioned. For these effects, the user declares that all data provided is valid and correct, and will be considered like that, compromising himself to communicate and update in the WBS Tool all the changes relative to its personal data.
10 Applicable Law and Forum