April, 2024
Definitions
COMPANY:
LEXSEMANTIC TECNOLOGIA
PLATFORM:
LexSemantic Platform application software
Introduction
These Terms
of Use, also known as End User License Agreements (EULA), are legal agreements
between COMPANY and the end users who wishes to use its software. These
agreements specify the conditions under which the PLATFORM and associated
Reference Works can be used, covering the following topics.
Please note,
these Terms of Use are subject to other legal notices, including our Privacy Policy. Your use of the Services on and after the
effective date of these Terms of Use is acceptance of these Terms of Use. If
you do not agree with these Terms of Use, please do not use the Services.
COMPANY
reserves the right to change, modify, add, or remove portions of these Terms of
Use at any time. Please check this page periodically for any modifications.
Your use of any of the Services following the posting of changes constitutes
your acceptance of the changes.
License Grant
COMPANY or
your content providers grant you a limited, non-transferable license to access
and use COMPANY Services for personal and non-commercial purposes, subject to
your compliance with these Terms of Use and payment of any applicable fees.
However, this license does not include the right to resell or commercially
exploit the content, download, or copy account information for the benefit of
third parties, or use data mining, robots, or similar data collection and
extraction tools. COMPANY or its licensors, editors, rightsholders, or other
content providers retain all rights not expressly granted to you in these Terms
of Use. Any reproduction, duplication, sale, resolution, or commercial use of
the COMPANY Service without the express written consent of COMPANY is
prohibited. Failure to comply with these Terms of Use will result in the
termination of the license granted by COMPANY.
Versions of
Items Containing Advertisements
THE COMPANY
may offer, temporarily or continuously, special versions of items operated by
the PLATFORM (e.g. dictionaries, encyclopedias, etc.) free of charge, with or
without restrictions on functionality of use, but containing third party
advertising. In this case, the following clauses apply:
Advertisement
Display: The PLATFORM may display third-party advertisements, including but not
limited to banners, pop-ups, interstitials, or sponsored content, and that
users agree to such displays by using the application.
Third-Party Advertisers: The advertisements may be
provided by third-party advertising networks or advertisers, and these third
parties may collect information about users’ interaction with the
advertisements.
Opt-Out Options: An option is offered to not show
advertisements by purchasing the use of items offered on the PLATFORM.
Content Responsibility: The COMPANY disclaim any
responsibility or liability for the content of third-party advertisements, including accuracy, legality, or appropriateness, as
these are controlled by the advertisers or ad networks.
Endorsement Disclaimer: The display of
advertisements does not constitute endorsement or recommendation of the
advertised products, services, or companies by the PLATFORM.
Ad-Blocking Policy: The COMPANY reserve the right
to take measures against users who attempt to block or circumvent
advertisements, including but not limited to restricting access to certain
features.
Changes to Advertisements: The COMPANY reserve the
right to change the types, formats, or frequency of advertisements displayed
within the application without prior notice to users.
Revenue Generation: The COMPANY may receive
compensation or revenue from third-party advertisers based on user interactions
with advertisements, such as clicks, views, or conversions.
Compliance with App Store Guidelines: All
advertisements comply with the guidelines and policies of the relevant app
stores or platforms where the application is distributed.
Termination for Misuse: The COMPANY reserve the
right to suspend or terminate user accounts or access to the application for
any misuse related to advertisements, such as fraudulent clicks or attempts to
manipulate ad impressions.
Intellectual
Property
The user has
no right to reproduce, distribute, modify, or create derivative works based on
the software without the express written consent of the software developer or
publisher.
Additionally,
the terms of use may also outline the user’s responsibilities with respect to
any intellectual property related to the software, such as acknowledging the
developer or publisher as the owner of the intellectual property and not
infringing upon any existing intellectual property rights.
Moreover, the
Terms of Use may state that the user retains ownership of any data or content
they create using the PLATFORM, subject to certain limitations. For instance,
the user may grant the developer or publisher a license to use such data or
content for the purpose of improving the software or providing customer
support, but such use should not violate the user’s rights to their
intellectual property.
Procedure for
making claims of Intellectual Property infringement
To report any
infringement of user´s intellectual property rights, please send an e-mail
to customer@lexsemantic.com with the Subject:
INTELLECTUAL PROPERTY INFRINGEMENT. This e-mail can be used to report various
types of intellectual property claims, such as copyright, trademark, and patent
claims, among others. If you are not an intellectual property rights owner or
their agent, COMPANY will not be able to process complaints submitted.
We take these
claims seriously and aim to address them promptly. In appropriate
circumstances, we will terminate the accounts of repeat infringers.
Login/Termination/Refund
User
identification is done by an email and a password.
The COMPANY
does not have access to the password, so its recovery will not be possible.
There are mechanisms of password change whose necessary information is on the
PLATFORM and must be the maintained and remembered by the users.
The e-mail
provided is not verified by the COMPANY, so communication by this instrument
with the user and its future identification depends on the supply of an
existing email.
The Reference
Works acquired by the users will have their contract terminated according to
the payment terms agreed in the product acquisition stores.
The COMPANY
does not refund for the termination of contracts in progress. When canceling a
subscription by the user, it will be valid until the end provided in its
acquisition.
Limitation of
Liability
The COMPANY
Services, as well as all information, content (including software), and other
services provided to you by the COMPANY, are offered on an “as is” and “as
available” basis, unless otherwise specified in writing. The COMPANY does not
make any express or implied representations or warranties regarding the
operation of the COMPANY Services, or the information, content, products
(including software), or other services provided to you through the COMPANY
Services, unless otherwise specified in writing. You acknowledge and agree that
your use of the COMPANY Services is at your sole risk.
To the
maximum extent permitted by law, the COMPANY disclaims all warranties,
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose. The COMPANY does not
guarantee that the COMPANY Services, information, content, products
(including software), or other services provided to you through the
COMPANY Services, COMPANY servers, or electronic communications sent
from the COMPANY are free of viruses or other harmful components. To the
maximum extent permitted by law, the COMPANY will not be liable for any
damages of any kind arising from the use of any COMPANY Service, or from
any information, content, products (including software), or other services
included on or otherwise made available to you through any
COMPANY Service, including but not limited to direct, indirect,
incidental, punitive, and consequential damages, unless otherwise specified in
writing.
Dispute
Resolution
If there is a disagreement
or complaint in any form regarding your utilization of an COMPANY Service, it
will be resolved in the courts located in Rio de Janeiro, RJ, Brazil. By
agreeing to this, you also consent to the sole authority and location of these
courts. Both parties renounce any entitlement to a trial by jury.
