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Terms of service
AMAZONSAT PLATFORM - TERMS OF SERVICE
1. EXPRESS CONSENT ON THE PART OF THE CONTRACTING PARTY TO THE PROCESSING OF PERSONAL DATA, IN THE STRICT FORM AS PROVIDED IN ARTICLES 7, ITEM I, COMBINED WITH ARTICLE 8, § 1, OF FEDERAL LAW No. 13,709, OF AUGUST 14, 2018:
1.1. The CONTRACTING PARTY declares, for all factual and legal purposes, its express consent to the processing of personal data by the CONTRACTED PARTY, as expressly provided for in articles 7, item I; and 8th, §§ 1st and 3rd, of Federal Law No. 13,709, of August 14, 2018, without any defect of consent.
1.2. In strict accordance with the provisions of articles 8, § 4; and 9th, of Federal Law No. 13,709, of August 14, 2018, the consent granted by the CONTRACTING PARTY to the CONTRACTOR refers to the determined purposes: user access control, whether they would be connected or not; and history recording.
2. EXPRESS DECLARATION BY THE CONTRACTOR REGARDING COMPLIANCE WITH THE PROVISIONS OF ARTICLES 33 TO 36 OF FEDERAL LAW NO. 13,709, OF AUGUST 14, 2018, WITH REGARD TO THE INTERNATIONAL TRANSFER OF PERSONAL DATA:
2.1. THE CONTRACTOR expressly declares, for all purposes of fact and law, in the item in question, full compliance with the provisions of articles 33 to 36 of Federal Law No. 13,709, of August 14, 2018, with regard to the international transfer of personal data; by full proof through all physical and electronic means permitted by law.
3. Acceptance
A. The AMAZONSAT platform is software licensed by AMAZONIA CABO LTDA, a company headquartered in the city of Manaus - AM, at Rua AB, 12- Morada do Sol - Quadra B - Bairro Aleixo, CEP 69060-000, registered with the CNPJ/MF under no. 02.311.604/0001-84, which from this point on we will refer to as “SOFTWARE”. The company EiTV ENTRETENIMENTO E INTERATIVIDADE PARA TV DIGITAL COM.SERV.PROD.INF.LTDA. is designated as CONTRACTOR in this term.
B. By using the “SOFTWARE” or any products derived from it, such as applications, web sites, programs, data provision and services provided to You from or through the “SOFTWARE” software, You signify Your agreement to these terms and conditions (“Terms of Service”). If You do not agree to any of these Terms of Service, You should not use the “SOFTWARE”.
C. While we will endeavor to notify You when material changes are made to these Terms of Service, You should periodically review the most current version of the Terms of Service on the “SOFTWARE” applications and websites. “SOFTWARE” may, in its sole discretion, modify or revise these Terms of Service and its policies at any time, and You agree to be bound by such modifications or revisions. Nothing in these Terms of Service will be deemed to confer any rights or benefits on any third party.
D. It is important to know that the content of the “SOFTWARE” is controlled and offered by the AMAZONSAT Service (https://amazonsat.eitvcloud.com/), which from this point on we will call the “SERVICE”. THE CONTRACTOR does not guarantee that the content of the “SERVICE” is appropriate or available for use in locations other than Brazil. People who access or use the “SOFTWARE” from other jurisdictions do so at their own risk and are responsible for compliance with regional/national laws.
E. As to capacity to accept the Terms of Service, You represent that You are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into and abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. In all circumstances, You represent that You are over 18 years of age, as the “SOFTWARE” is not intended for children under 18 years of age. If You are under 18 years of age, You should not use the “SOFTWARE”. You should talk to Your parents about which applications and websites are appropriate for You.
4. The Service
A. These Terms of Service apply to all users of the “SOFTWARE”, including users who also contribute content to the “SOFTWARE”. “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that You may view, access, or contribute to the “SERVICE”. The “SERVICE” includes all aspects of the “SOFTWARE”, including, but not limited to, all products, applications, websites, programs and services offered through the “SERVICE”.
B. The “SOFTWARE” and “SERVICE” may contain links to and embedded content from third party websites that are not owned or controlled by the “SOFTWARE” and “SERVICE”. The “SOFTWARE” and “SERVICE” have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. Furthermore, the “SOFTWARE” and “SERVICE” cannot and will not censor or edit the content of any third party website. By using the “SOFTWARE” and “SERVICE”, You expressly release the “SOFTWARE” and “SERVICE” from any and all liability arising from Your use of any third party website.
C. Accordingly, we advise You, when using the “SOFTWARE” and “SERVICE”, to read the terms and conditions and privacy policy of all other websites that You visit.
5. “SOFTWARE” Accounts
A. In order to access some content of the “SERVICE”, You will need to create an account on the “SOIFTWARE”. You may never use another user’s account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs under your account, and you must keep your account password in a secure place. You must notify the “SERVICE” immediately of any breach of security or unauthorized use of your account.
B. Although CONTRACTOR shall not be liable for any loss caused to You by unauthorized use of Your account, You may be held liable for losses of the “SOFTWARE” or others arising from such unauthorized use.
6. General Use of the Service – Permissions and Restrictions
By means of this, the “CONTRACTOR” grants You permission to access and use the “SERVICE” as described in these Terms of Service, provided that:
A. You agree not to distribute to/by any means any part of the “SERVICE” or the Content without the prior written authorization of the CONTRACTOR”, unless the “SOFTWARE” provides the means of distribution, through functionalities offered by the “SERVICE” (such as "Embeddable Player").
B. You agree not to alter or modify any part of the “SERVICE”.
C. You agree not to access the Content through any technology or other means other than the “SERVICE”'s own video display pages, the "Embeddable Player" or other expressly authorized means that the “SOFTWARE” may indicate.
D. You agree not to use the “SERVICE” for any of the following commercial uses unless you obtain CONTRACTOR’s prior written approval:
- the sale of access to the “SERVICE”;
- the sale of advertising, sponsorships or promotions linked to the “SERVICE” or the “SOFTWARE”; or
- the sale of advertising, sponsorships or promotions on any ad-enabled blog page or website containing Content delivered through the “SERVICE”, unless other materials not obtained from the “SOFTWARE” appear on the same page and are of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
- Submit an original video to the “SERVICE” or maintain an original instance on the “SERVICE” to promote your business or artistic endeavor, and
- Display videos from the “SERVICE” through "Embeddable Player" on a blog or website with advertising enabled, without prejudice to the restrictions on advertising established in Section 6.D;
or
- Any uses that the “SOFTWARE” or the “SERVICE” expressly authorize in writing.
F. If You use the “SERVICE” Embeddable Player on Your website, You may not modify, enhance or block any portion or functionality of the Embeddable Player, including but not limited to the link to the “SERVICE” website.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the SERVICE in a manner that sends more request messages to the SOFTWARE's servers in a given period of time than is humanly possible to respond to in the same period through a conventional web browser. Notwithstanding the foregoing, the SERVICE grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The SERVICE reserves the right to waive these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the SOFTWARE, or to use the communication systems provided by the SOFTWARE (e.g., comments, e-mail) for commercial solicitation purposes.
H. When using the “SOFTWARE” and the “SERVICE”, You must comply with all applicable laws and regulations, whether regional, national or international.
I. THE “SOFTWARE” reserves the right to discontinue any aspect of the “SERVICE” at any time.
7. Use of Content
In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to your use of the Content.
A. The Content of the “SERVICE” and the trademarks, service marks and logos (“Marks”) made available on the “SERVICE”, are licensed to the “SOFTWARE”, subject to copyright and other intellectual property rights under the terms of the law.
B. The Content is provided to You on an “AS IS” basis. You may access the Content for your information and personal use solely within the functionality provided by the “SOFTWARE” and as permitted under these Terms of Service. You may not download any Content unless you see a “download” or similar link displayed by the “SOFTWARE” for such Content. You may not copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit any Content for any other purposes without the prior written consent of the “SERVICE” or the licensors of the applicable Content. The “SOFTWARE” and its licensors reserve all rights not expressly granted in the “SERVICE” and to the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the “SERVICE” or features that prevent or restrict use or copying of any Content or enforce limitations on use of the “SERVICE” or its Content.
D. You understand that when using the “SERVICE”, you will be exposed to Content from a variety of sources, and that the “SOFTWARE” is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and do hereby waive, any present or future legal or equitable rights or remedies against the “SERVICE” with respect to such matters and, to the extent permitted by law, agree to indemnify and hold harmless the “SERVICE”, its Owners, Operators, affiliates, licensors, and licensees, to the fullest extent permitted by law, with respect to all matters relating to the use of the “SOFTWARE” and the “SERVICE”.
8. Your Content and Conduct
A. As a “SOFTWARE” account holder, You may submit Content to the “SERVICE”, including videos and user comments. You understand that the “SOFTWARE” and the “SERVICE” do not guarantee confidentiality with respect to any Content You submit.
B. You shall be solely responsible for Your Content and the consequences of submitting or posting it. You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to publish the Content that You submit, and You authorize the “SOFTWARE” and the “SERVICE” to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for posting on the “SERVICE” in accordance with these Terms of Service.
C. For clarity, You retain all ownership rights in Your Content. However, by submitting Content to the “SOFTWARE” and the “SERVICE”, You hereby grant to the “SOFTWARE” and the “SERVICE” a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the “SOFTWARE” and the “SERVICE”, including but not limited to promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also grant to all users of the “SOFTWARE” and the “SERVICE” a non-exclusive license to access your Content through the “SOFTWARE” and the “SERVICE”, and to use, reproduce, distribute, display and perform such Content as permitted by the functionality of the “SOFTWARE” and the “SERVICE” and in accordance with these Terms of Service. The above licenses granted by You with respect to Content that You submit to the “SOFTWARE” and the “SERVICE” will terminate within a commercially reasonable time after the removal or deletion of the Content from the “SOFTWARE” and the “SERVICE”. The above licenses granted by You with respect to User Comments that You submit are perpetual and irrevocable.
D. You represent that you will not submit material that is copyrighted, protected by trade secret or otherwise protected by third party rights unless you have permission from the rightful owner of the material or you are otherwise legally authorized to post the material and assign to the “SOFTWARE” and the “SERVICE” all of the license rights granted herein.
E. Additionally, You also agree that You will not submit to the “SOFTWARE” and the “SERVICE” any Content or other material that is contrary to the guidelines of these Terms of Service as may be updated from time to time, or that is contrary to local, national and international laws and regulations.
F. THE CONTRACTOR does not endorse any Content sent to the “SOFTWARE” and the “SERVICE” by any user or licensor or any opinion, recommendation or advice expressed therein, and the CONTRACTOR expressly waives any and all liability linked to the Content. The CONTRACTOR does not allow activities that violate copyright or intellectual property rights in the “SOFTWARE” and the “SERVICE”, and the CONTRACTOR will remove all Content when duly notified that such Content infringes the intellectual property right of any other person. The CONTRACTOR reserves the right to remove Content without prior notice.
9. Account Cancellation Policy
A. THE CONTRACTOR shall terminate the User’s access to the “SOFTWARE” and the “SERVICE” if, under appropriate circumstances, the User proves to be a habitual infringer. A habitual infringer is a User who has been notified of his/her infringing activity more than twice.
B. CONTRACTOR reserves the right to decide whether Content is appropriate and complies with these Terms of Service with respect to violations other than copyright infringements or violations, such as, but not limited to, pornography, obscene or defamatory material (including libel, slander or insult), or excessively long content. CONTRACTOR may at any time, without prior notice and at its sole discretion, remove such Content and/or cancel a User account for submitting such materials that violate the Terms of Service.
10. Digital Authorship Millennium Act
A. If You are a copyright owner or an agent of a copyright owner and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CONTRACTOR with the following information in writing:
- Physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, submit a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if possible, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of penalty under applicable law, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send infringement notices to the email address juridico@redeamazonica.com.br. For clarification purposes, only DMCA infringement notices should be sent to the email address juridico@redeamazonica.com.br; any other suggestions, comments, requests for technical support and other matters should be sent to the CONTRACTOR's customer service at the email address juridico@redeamazonica.com.br. You acknowledge that, in the event of failure to comply with all requirements described in this Section 8(A), your information regarding the DMCA and/or other applicable laws may not be accepted.
B. Counter-Notification. If You believe that your Content that was removed (or to which access was disabled) does not constitute infringement, or that You have the authorization from the copyright owner, the owner's agent, or pursuant to the law to post and use the Content, You may send a counter-notification to the email address juridico@redeamazonica.com.br containing the following information:
- Physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the Content was removed or disabled as a result of mistake or misinterpretation of the Content; and
- Name, address, telephone number and e-mail address, a statement that you submit to the jurisdiction in force and a statement that you will receive service of process from the person who filed notification of the alleged infringement.
If CONTRACTOR receives a counter-notification, CONTRACTOR may send a copy of the counter-notification to the original complaining party informing them that the removed Content may be reposted on the SERVICE or access to it may be restored within 10 business days. If the copyright owner does not file an action seeking a court order against the service provider, member or user, the removed Content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at CONTRACTOR's sole discretion.
11. Waiver
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, TO THE EXTENT PERMITTED BY LAW. CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES DISCLAIM ANY LIABILITY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE “SOFTWARE” AND THE “SERVICE” AND YOUR USE THEREOF. THE CONTRACTOR DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE “SOFTWARE” OR THE CONTENT OF ANY WEBSITE LINKED TO THE “SERVICE”, AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “SOFTWARE” AND THE “SERVICE”, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICE, OR (V) ANY INTERRUPTION OR CESSATION OF SERVICE. TRANSMISSION TO AND FROM THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR E-MAIL SENT, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “SOFTWARE” AND THE “SERVICE”. CONTRACTOR DOES NOT WARRANT, ENDORSE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “SOFTWARE”, THE “SERVICE” OR ANY HYPERLINK TO THE “SOFTWARE” AND “SERVICE”, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONTRACTOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “SOFTWARE” AND “SERVICES”, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR EMAIL SENT, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “SOFTWARE” AND THE “SERVICE”, WHETHER IN TORT, CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE COMPETENT JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONTRACTOR SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE SAME RESTS ENTIRELY WITH YOU.
13. Compensation
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless CONTRACTOR, its parent company, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, costs or debt (including, without limitation, attorneys’ fees) arising from: (I) use of and access to the Service; (II) violation of any provision of these Terms of Service; (III) violation of any third party right, including, without limitation, copyright, property or privacy rights; or (IV) any claim that any Content caused damage to a third party. Such defense and indemnification obligation will survive these Terms of Service and your use of the “SOFTWARE” and the “SERVICE”.
14. Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by You, but may be transferred by the CONTRACTOR without any restriction.
15. General Provisions
You agree that: (I) the headquarters of the “SERVICE” shall be considered exclusively that located at the address of the CONTRACTOR; and (II) the “SOFTWARE” shall be considered passive software that does not give rise to personal jurisdiction over the “CONTRACTOR”, whether specific or general, in any other forum other than that of the CONTRACTOR. These Terms of Service shall be governed by the internal laws of the State of the CONTRACTOR, without regard to principles of conflicts of laws. Any claim or controversy between You and the “SERVICE” arising in whole or in part from the “SERVICE” shall be settled exclusively by a competent court. These Terms of Service and any other legal notices published by the CONTRACTOR in the “SOFTWARE” and in the “SERVICE” form part of the agreement between You and the CONTRACTOR in relation to the “SERVICE”. If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The waiver of any term of these Terms of Service shall not be deemed a further or continuing waiver of such term or any other term, and the failure of the CONTRACTOR to enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The CONTRACTOR reserves the right to change these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service to verify the occurrence of any change. Your use of the “SOFTWARE” and the “SERVICE” after any amendment to the Terms of Service shall constitute your consent to and acceptance of the amended terms. YOU AND CONTRACTOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE “SOFTWARE” AND THE “SERVICE” MUST COMMENCE WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE LAW WILL BE BARRED.
Date: March 5, 2022.
Privacy policy
AMAZONSAT PLATFORM - TERMS OF SERVICE
1. EXPRESS CONSENT ON THE PART OF THE CONTRACTING PARTY TO THE PROCESSING OF PERSONAL DATA, IN THE STRICT FORM AS PROVIDED IN ARTICLES 7, ITEM I, COMBINED WITH ARTICLE 8, § 1, OF FEDERAL LAW No. 13,709, OF AUGUST 14, 2018:
1.1. The CONTRACTING PARTY declares, for all factual and legal purposes, its express consent to the processing of personal data by the CONTRACTED PARTY, as expressly provided for in articles 7, item I; and 8th, §§ 1st and 3rd, of Federal Law No. 13,709, of August 14, 2018, without any defect of consent.
1.2. In strict accordance with the provisions of articles 8, § 4; and 9th, of Federal Law No. 13,709, of August 14, 2018, the consent granted by the CONTRACTING PARTY to the CONTRACTOR refers to the determined purposes: user access control, whether they would be connected or not; and history recording.
2. EXPRESS DECLARATION BY THE CONTRACTOR REGARDING COMPLIANCE WITH THE PROVISIONS OF ARTICLES 33 TO 36 OF FEDERAL LAW NO. 13,709, OF AUGUST 14, 2018, WITH REGARD TO THE INTERNATIONAL TRANSFER OF PERSONAL DATA:
2.1. THE CONTRACTOR expressly declares, for all purposes of fact and law, in the item in question, full compliance with the provisions of articles 33 to 36 of Federal Law No. 13,709, of August 14, 2018, with regard to the international transfer of personal data; by full proof through all physical and electronic means permitted by law.
3. Acceptance
A. The AMAZONSAT platform is software licensed by AMAZONIA CABO LTDA, a company headquartered in the city of Manaus - AM, at Rua AB, 12- Morada do Sol - Quadra B - Bairro Aleixo, CEP 69060-000, registered with the CNPJ/MF under no. 02.311.604/0001-84, which from this point on we will refer to as “SOFTWARE”. The company EiTV ENTRETENIMENTO E INTERATIVIDADE PARA TV DIGITAL COM.SERV.PROD.INF.LTDA. is designated as CONTRACTOR in this term.
B. By using the “SOFTWARE” or any products derived from it, such as applications, web sites, programs, data provision and services provided to You from or through the “SOFTWARE” software, You signify Your agreement to these terms and conditions (“Terms of Service”). If You do not agree to any of these Terms of Service, You should not use the “SOFTWARE”.
C. While we will endeavor to notify You when material changes are made to these Terms of Service, You should periodically review the most current version of the Terms of Service on the “SOFTWARE” applications and websites. “SOFTWARE” may, in its sole discretion, modify or revise these Terms of Service and its policies at any time, and You agree to be bound by such modifications or revisions. Nothing in these Terms of Service will be deemed to confer any rights or benefits on any third party.
D. It is important to know that the content of the “SOFTWARE” is controlled and offered by the AMAZONSAT Service (https://amazonsat.eitvcloud.com/), which from this point on we will call the “SERVICE”. THE CONTRACTOR does not guarantee that the content of the “SERVICE” is appropriate or available for use in locations other than Brazil. People who access or use the “SOFTWARE” from other jurisdictions do so at their own risk and are responsible for compliance with regional/national laws.
E. As to capacity to accept the Terms of Service, You represent that You are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into and abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. In all circumstances, You represent that You are over 18 years of age, as the “SOFTWARE” is not intended for children under 18 years of age. If You are under 18 years of age, You should not use the “SOFTWARE”. You should talk to Your parents about which applications and websites are appropriate for You.
4. The Service
A. These Terms of Service apply to all users of the “SOFTWARE”, including users who also contribute content to the “SOFTWARE”. “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that You may view, access, or contribute to the “SERVICE”. The “SERVICE” includes all aspects of the “SOFTWARE”, including, but not limited to, all products, applications, websites, programs and services offered through the “SERVICE”.
B. The “SOFTWARE” and “SERVICE” may contain links to and embedded content from third party websites that are not owned or controlled by the “SOFTWARE” and “SERVICE”. The “SOFTWARE” and “SERVICE” have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. Furthermore, the “SOFTWARE” and “SERVICE” cannot and will not censor or edit the content of any third party website. By using the “SOFTWARE” and “SERVICE”, You expressly release the “SOFTWARE” and “SERVICE” from any and all liability arising from Your use of any third party website.
C. Accordingly, we advise You, when using the “SOFTWARE” and “SERVICE”, to read the terms and conditions and privacy policy of all other websites that You visit.
5. “SOFTWARE” Accounts
A. In order to access some content of the “SERVICE”, You will need to create an account on the “SOIFTWARE”. You may never use another user’s account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs under your account, and you must keep your account password in a secure place. You must notify the “SERVICE” immediately of any breach of security or unauthorized use of your account.
B. Although CONTRACTOR shall not be liable for any loss caused to You by unauthorized use of Your account, You may be held liable for losses of the “SOFTWARE” or others arising from such unauthorized use.
6. General Use of the Service – Permissions and Restrictions
By means of this, the “CONTRACTOR” grants You permission to access and use the “SERVICE” as described in these Terms of Service, provided that:
A. You agree not to distribute to/by any means any part of the “SERVICE” or the Content without the prior written authorization of the CONTRACTOR”, unless the “SOFTWARE” provides the means of distribution, through functionalities offered by the “SERVICE” (such as "Embeddable Player").
B. You agree not to alter or modify any part of the “SERVICE”.
C. You agree not to access the Content through any technology or other means other than the “SERVICE”'s own video display pages, the "Embeddable Player" or other expressly authorized means that the “SOFTWARE” may indicate.
D. You agree not to use the “SERVICE” for any of the following commercial uses unless you obtain CONTRACTOR’s prior written approval:
- the sale of access to the “SERVICE”;
- the sale of advertising, sponsorships or promotions linked to the “SERVICE” or the “SOFTWARE”; or
- the sale of advertising, sponsorships or promotions on any ad-enabled blog page or website containing Content delivered through the “SERVICE”, unless other materials not obtained from the “SOFTWARE” appear on the same page and are of sufficient value to be the basis for such sales.
E. Prohibited commercial uses do not include:
- Submit an original video to the “SERVICE” or maintain an original instance on the “SERVICE” to promote your business or artistic endeavor, and
- Display videos from the “SERVICE” through "Embeddable Player" on a blog or website with advertising enabled, without prejudice to the restrictions on advertising established in Section 6.D;
or
- Any uses that the “SOFTWARE” or the “SERVICE” expressly authorize in writing.
F. If You use the “SERVICE” Embeddable Player on Your website, You may not modify, enhance or block any portion or functionality of the Embeddable Player, including but not limited to the link to the “SERVICE” website.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the SERVICE in a manner that sends more request messages to the SOFTWARE's servers in a given period of time than is humanly possible to respond to in the same period through a conventional web browser. Notwithstanding the foregoing, the SERVICE grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The SERVICE reserves the right to waive these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the SOFTWARE, or to use the communication systems provided by the SOFTWARE (e.g., comments, e-mail) for commercial solicitation purposes.
H. When using the “SOFTWARE” and the “SERVICE”, You must comply with all applicable laws and regulations, whether regional, national or international.
I. THE “SOFTWARE” reserves the right to discontinue any aspect of the “SERVICE” at any time.
7. Use of Content
In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to your use of the Content.
A. The Content of the “SERVICE” and the trademarks, service marks and logos (“Marks”) made available on the “SERVICE”, are licensed to the “SOFTWARE”, subject to copyright and other intellectual property rights under the terms of the law.
B. The Content is provided to You on an “AS IS” basis. You may access the Content for your information and personal use solely within the functionality provided by the “SOFTWARE” and as permitted under these Terms of Service. You may not download any Content unless you see a “download” or similar link displayed by the “SOFTWARE” for such Content. You may not copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit any Content for any other purposes without the prior written consent of the “SERVICE” or the licensors of the applicable Content. The “SOFTWARE” and its licensors reserve all rights not expressly granted in the “SERVICE” and to the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the “SERVICE” or features that prevent or restrict use or copying of any Content or enforce limitations on use of the “SERVICE” or its Content.
D. You understand that when using the “SERVICE”, you will be exposed to Content from a variety of sources, and that the “SOFTWARE” is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and do hereby waive, any present or future legal or equitable rights or remedies against the “SERVICE” with respect to such matters and, to the extent permitted by law, agree to indemnify and hold harmless the “SERVICE”, its Owners, Operators, affiliates, licensors, and licensees, to the fullest extent permitted by law, with respect to all matters relating to the use of the “SOFTWARE” and the “SERVICE”.
8. Your Content and Conduct
A. As a “SOFTWARE” account holder, You may submit Content to the “SERVICE”, including videos and user comments. You understand that the “SOFTWARE” and the “SERVICE” do not guarantee confidentiality with respect to any Content You submit.
B. You shall be solely responsible for Your Content and the consequences of submitting or posting it. You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to publish the Content that You submit, and You authorize the “SOFTWARE” and the “SERVICE” to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for posting on the “SERVICE” in accordance with these Terms of Service.
C. For clarity, You retain all ownership rights in Your Content. However, by submitting Content to the “SOFTWARE” and the “SERVICE”, You hereby grant to the “SOFTWARE” and the “SERVICE” a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the “SOFTWARE” and the “SERVICE”, including but not limited to promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also grant to all users of the “SOFTWARE” and the “SERVICE” a non-exclusive license to access your Content through the “SOFTWARE” and the “SERVICE”, and to use, reproduce, distribute, display and perform such Content as permitted by the functionality of the “SOFTWARE” and the “SERVICE” and in accordance with these Terms of Service. The above licenses granted by You with respect to Content that You submit to the “SOFTWARE” and the “SERVICE” will terminate within a commercially reasonable time after the removal or deletion of the Content from the “SOFTWARE” and the “SERVICE”. The above licenses granted by You with respect to User Comments that You submit are perpetual and irrevocable.
D. You represent that you will not submit material that is copyrighted, protected by trade secret or otherwise protected by third party rights unless you have permission from the rightful owner of the material or you are otherwise legally authorized to post the material and assign to the “SOFTWARE” and the “SERVICE” all of the license rights granted herein.
E. Additionally, You also agree that You will not submit to the “SOFTWARE” and the “SERVICE” any Content or other material that is contrary to the guidelines of these Terms of Service as may be updated from time to time, or that is contrary to local, national and international laws and regulations.
F. THE CONTRACTOR does not endorse any Content sent to the “SOFTWARE” and the “SERVICE” by any user or licensor or any opinion, recommendation or advice expressed therein, and the CONTRACTOR expressly waives any and all liability linked to the Content. The CONTRACTOR does not allow activities that violate copyright or intellectual property rights in the “SOFTWARE” and the “SERVICE”, and the CONTRACTOR will remove all Content when duly notified that such Content infringes the intellectual property right of any other person. The CONTRACTOR reserves the right to remove Content without prior notice.
9. Account Cancellation Policy
A. THE CONTRACTOR shall terminate the User’s access to the “SOFTWARE” and the “SERVICE” if, under appropriate circumstances, the User proves to be a habitual infringer. A habitual infringer is a User who has been notified of his/her infringing activity more than twice.
B. CONTRACTOR reserves the right to decide whether Content is appropriate and complies with these Terms of Service with respect to violations other than copyright infringements or violations, such as, but not limited to, pornography, obscene or defamatory material (including libel, slander or insult), or excessively long content. CONTRACTOR may at any time, without prior notice and at its sole discretion, remove such Content and/or cancel a User account for submitting such materials that violate the Terms of Service.
10. Digital Authorship Millennium Act
A. If You are a copyright owner or an agent of a copyright owner and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CONTRACTOR with the following information in writing:
- Physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, submit a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if possible, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of penalty under applicable law, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send infringement notices to the email address juridico@redeamazonica.com.br. For clarification purposes, only DMCA infringement notices should be sent to the email address juridico@redeamazonica.com.br; any other suggestions, comments, requests for technical support and other matters should be sent to the CONTRACTOR's customer service at the email address juridico@redeamazonica.com.br. You acknowledge that, in the event of failure to comply with all requirements described in this Section 8(A), your information regarding the DMCA and/or other applicable laws may not be accepted.
B. Counter-Notification. If You believe that your Content that was removed (or to which access was disabled) does not constitute infringement, or that You have the authorization from the copyright owner, the owner's agent, or pursuant to the law to post and use the Content, You may send a counter-notification to the email address juridico@redeamazonica.com.br containing the following information:
- Physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the Content was removed or disabled as a result of mistake or misinterpretation of the Content; and
- Name, address, telephone number and e-mail address, a statement that you submit to the jurisdiction in force and a statement that you will receive service of process from the person who filed notification of the alleged infringement.
If CONTRACTOR receives a counter-notification, CONTRACTOR may send a copy of the counter-notification to the original complaining party informing them that the removed Content may be reposted on the SERVICE or access to it may be restored within 10 business days. If the copyright owner does not file an action seeking a court order against the service provider, member or user, the removed Content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at CONTRACTOR's sole discretion.
11. Waiver
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, TO THE EXTENT PERMITTED BY LAW. CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES DISCLAIM ANY LIABILITY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE “SOFTWARE” AND THE “SERVICE” AND YOUR USE THEREOF. THE CONTRACTOR DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE “SOFTWARE” OR THE CONTENT OF ANY WEBSITE LINKED TO THE “SERVICE”, AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “SOFTWARE” AND THE “SERVICE”, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICE, OR (V) ANY INTERRUPTION OR CESSATION OF SERVICE. TRANSMISSION TO AND FROM THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR E-MAIL SENT, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “SOFTWARE” AND THE “SERVICE”. CONTRACTOR DOES NOT WARRANT, ENDORSE, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “SOFTWARE”, THE “SERVICE” OR ANY HYPERLINK TO THE “SOFTWARE” AND “SERVICE”, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONTRACTOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “SOFTWARE” AND “SERVICES”, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF DATA OR PROFITS, OR (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE “SOFTWARE” AND THE “SERVICE”, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “SOFTWARE” AND THE “SERVICE” BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR EMAIL SENT, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “SOFTWARE” AND THE “SERVICE”, WHETHER IN TORT, CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE COMPETENT JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONTRACTOR SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE SAME RESTS ENTIRELY WITH YOU.
13. Compensation
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless CONTRACTOR, its parent company, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, costs or debt (including, without limitation, attorneys’ fees) arising from: (I) use of and access to the Service; (II) violation of any provision of these Terms of Service; (III) violation of any third party right, including, without limitation, copyright, property or privacy rights; or (IV) any claim that any Content caused damage to a third party. Such defense and indemnification obligation will survive these Terms of Service and your use of the “SOFTWARE” and the “SERVICE”.
14. Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by You, but may be transferred by the CONTRACTOR without any restriction.
15. General Provisions
You agree that: (I) the headquarters of the “SERVICE” shall be considered exclusively that located at the address of the CONTRACTOR; and (II) the “SOFTWARE” shall be considered passive software that does not give rise to personal jurisdiction over the “CONTRACTOR”, whether specific or general, in any other forum other than that of the CONTRACTOR. These Terms of Service shall be governed by the internal laws of the State of the CONTRACTOR, without regard to principles of conflicts of laws. Any claim or controversy between You and the “SERVICE” arising in whole or in part from the “SERVICE” shall be settled exclusively by a competent court. These Terms of Service and any other legal notices published by the CONTRACTOR in the “SOFTWARE” and in the “SERVICE” form part of the agreement between You and the CONTRACTOR in relation to the “SERVICE”. If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The waiver of any term of these Terms of Service shall not be deemed a further or continuing waiver of such term or any other term, and the failure of the CONTRACTOR to enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The CONTRACTOR reserves the right to change these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service to verify the occurrence of any change. Your use of the “SOFTWARE” and the “SERVICE” after any amendment to the Terms of Service shall constitute your consent to and acceptance of the amended terms. YOU AND CONTRACTOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE “SOFTWARE” AND THE “SERVICE” MUST COMMENCE WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE LAW WILL BE BARRED.
Date: March 5, 2022.
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