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Terms of Use

Terms of Use

These Terms of Use (“Terms of Use”) apply to the I-VBA Web Portal Site, located at http://www.ivba.org.br/ (hereinafter, the “Web site”). Please review these Terms of Use carefully before using this Web site. By using this Web site, and/or by becoming a member of the I-VBA Web Portal Site, you signify your agreement to these terms. If you do not agree to these terms, please do not use this Web site and do not become a member of the I-VBA Web Portal Site.

The I-VBA Web Portal Site is the Internet presence of I-VBA Institute, a nonprofit organization established under the laws of the Federative Republic of Brazil. The I-VBA Institute reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.

I-VBA Institute reserves the right to deny service to any person if I-VBA Institute determines that such person has violated these Terms of Use, or for any reason poses a threat to the smooth functioning of this Web site for the benefit of the I-VBA Web Portal Site online community.

1. Proper Use of Web Site

You agree that you are responsible for your own use of the Web site, for any posts you make, for any content you upload, and for any consequences thereof. You agree that you will use the Web site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms of Use and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Web site in order to (a) determine whether a violation of these Terms of Use has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. I-VBA Institute reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these Terms of Use.

2. Intellectual Property Rights

The Web site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound (“Content”), which may be owned by I-VBA Institute and/or other contributors or parties and which are protected by Brazilian and international copyright and trademark laws.

You may use the Web site and the Content offered on the Web site only for personal, non-commercial purposes. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Web site or any portion of it. You may use Content offered for downloading, for personal use only and subject to any rules that accompany that particular Content. In the event of any permitted copying, redistribution or publication of material from the Web site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made by you.

You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

3. Content Posted by You and Other Third Parties

Any party, including members of the I-VBA Web Portal Site, who posts information to this Web site agrees not to post any materials, opinions, or comments that: (i) are bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal; (ii) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (iii) violate any copyright or trademark rights, invade any privacy rights, or otherwise violate the rights of any party; (iv) impersonate any person, business or entity, including I-VBA Institute and our employees and agents; (v) contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; or (vi) encourage conduct that would constitute a criminal offense, or that gives rise to liability.

Commercial solicitation or advertising may be posted on or transmitted through the Web site but only with our express prior written approval and only if the advertising or commercial solicitation complies with all conditions imposed by us. I-VBA Institute reserves the right, in its sole discretion, to remove any posts that it deems to be advertising or commercial solicitation in violation of these Terms of Use.

I-VBA Institute also does not permit the systematic or mass solicitation of I-VBA Web Portal Site members. Further, you may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we consider to be offensive.

I-VBA Institute also does not permit any off-theme or off-topic postings. Postings of opinions, comments or materials that are off-topic or off-theme may either be rejected by the administrators of the I-VBA Web Portal Site, or posted without prior notice to another section or discussion groups or forum in the I-VBA Web Portal Site where the posting is relevant.

Postings by third parties to the discussion groups in this Web site, including the “Ask and Discuss”, “News and Announcements” and “Working Groups” forums, are not reviewed in advance by the I-VBA Web Portal Site administrators. However, the discussion groups are monitored by the I-VBA Web Portal Site administrators for compliance with these Terms of Use. Users who do not comply with these Terms of Use may, at the discretion of the I-VBA Web Portal Site administrators, be denied access to these groups with or without notice.

Any party who posts information to any part of this Web site represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to post the materials on the Web site. I-VBA Institute shall have no duty to attribute authorship of the posting to the posting party or to any third party.

Contributors to the content sections or discussion groups on this Web site, including without limitation those where a copyright notice is included, grant to I-VBA Institute a royalty-free, irrevocable, world-wide perpetual license and right to use, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute any of the ideas, concepts or learnings discussed on the Web site in any form of media or technology now known or hereinafter developed without further permission of the creator.

4. Monitoring

I-VBA Institute shall have the right, but not the obligation, to monitor the content of the Web site to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. I-VBA Institute shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Web site or any communication or posting on the Web site.

5. Privacy

I-VBA Institute collects personal information on the Web site, which is subject to the terms and conditions of this Web site’s Privacy Policy.

6. Disclaimer

The views, opinions and information expressed in this Web site are those of the authors alone. They do not represent the views or opinions of I-VBA Institute, nor do they represent the views or opinions of other sponsors, partners, or funders of the I-VBA Web Portal Site.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the Web site by anyone other than authorized employee spokespersons while acting in their official capacities. We also neither endorse nor are responsible for any offensive, defamatory or obscene posting made on the Web site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through either the Content on the Web site and/or any postings on the Web site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other Content available through the Web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to legal, financial, broker, accounting, health, or lifestyle information, opinion, advice or other content. Submissions to this Web site should not be used as a substitute for the advice of a competent and licensed professional.

7. Disclaimer of Warranties

All materials and related graphics provided by this Web site and any other materials that are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the extent permitted by law, we disclaim implied warranties that the Web site and all software, Content and services, information distributed through the Web site are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Web site will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Web site, including any support services, will be effective, reliable, and accurate, or meet your requirements. We do not guarantee that you will be able to access or use the Web site (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a Brazilian representative shall create a warranty.

8. Links

Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).

As a general practice, I-VBA Institute does not object to links made to this Web site from other Web sites. However, there are certain terms and conditions that should be followed.

Unless otherwise provided herein, a link to the I-VBA Web Portal Site Web site is permissible using the plain text URL www.ivba.org.br or the plain text name of I-VBA Web Portal Site. However, I-VBA Institute may object to a third party linking to its Web site if it feels that such a party advertises or displays material that is adverse to I-VBA Institute’s purpose or the intentions of the I-VBA Web Portal Site. Unless I-VBA Institute enters into a specific written agreement with the party wishing to link, use of any of I-VBA Web Portal Site logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible.

Further, a link to the I-VBA Web Portal Site Web site may not be presented in any way that suggests it has a relationship or affiliation with the party's Web site or endorses, sponsors, or recommends the information, products, or services on that Web site. Without the prior express written permission for a particular use from I-VBA Institute, no I-VBA Web Portal Site logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.

Due to frequent content updates, I-VBA Institute recommends that the link be only to the home page of www.ivba.org.br.

9. Password and Account

Any party who is a member of the I-VBA Web Portal Site is entirely responsible for maintaining the confidentiality of his or her password and account and for all activities that occur under his or her account. I-VBA Institute will not be responsible for any damages suffered by any party as a result of any instructions received from the party's e-mail account using the party's password. You agree that you are responsible for all statements made, and acts or omissions that occur, on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

10. Limitation of Liability

In no event, including but not limited to negligence, shall I-VBA Institute be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials that are referenced by or linked to this Web site, even if I-VBA Institute or an authorized representative of I-VBA Institute has advised the user of the possibility of damages. In no event shall the cumulative liability to any party for any damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or related to this Web site or to these terms, exceed the amount paid, if any, for accessing this Web site.

11. Indemnification

You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.

12. Miscellaneous

You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.

13. General Notice

You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications. You agree to check for notices posted on the Site.

14. Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Lei 9610 (link) of Republic of Brazil, notifications of claimed copyright infringement should be sent to I-VBA Institute's Designated Agent. If you have knowledge of an item posted on our Web site that is infringing, please contact our Designated Agent filling the following form: (Copyright Infringement)

15. Applicable Law

This Web site is created and controlled by I-VBA Institute with domain registration in the Registration Domains for the Internet in Brazil (http://registro.br). As such, the laws of the Republic of Brazil will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the “Foro da Comarca da Capital (João Mendes Júnior) in the city of São Paulo, SP state, Brazil; for any litigation arising out of or relating to use of this Web site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of São Paulo city and agrees not to plead or claim in any Court of São Paulo city that such litigation brought therein has been brought in an inconvenient forum. Any action at law or in equity arising out of or relating to this Web site or these terms shall be filed only in the state or federal courts in and of the City of São Paulo. The I-VBA Institute makes no representation that the content of this Web site is available or appropriate for use in other locations. Any party who uses this Web site from other locations is responsible for compliance with applicable local laws.

16. Termination

I-VBA Institute shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be disruptive to the Web site and/or to members of the Web site, or in the event of any breach by you of this Agreement.

17. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ACKNOWLEDGMENT. The Terms of Use, including all documents referenced herein, represents the entire understanding between you and I-VBA Institute regarding your relationship with the I-VBA Web Portal Site online community and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the I-VBA Web Portal Site Web site. The aforementioned Terms of Use are subject to change.

If you have questions regarding this policy, please contact the administrators of the I-VBA Web Portal Site through the contact us page. You can also use the contact us page to bring any concerns you might have to our attention.

Due to the evolving technologies on the Internet, we may update this policy. All revisions will be posted to this Web site.