Terms of use

These Terms of Use present the "General Conditions" applicable to the use of the website and services offered by MOSARTE INDÚSTRIA E COMÉRCIO DE MOSAICOS LTDA, registered with the CNPJ under number 05.745.387 / 000129,, hereinafter called "Mosarte". Anyone, hereinafter referred to as "user", who intends to use Mosarte services must accept these Terms of Use, the Privacy Policy, the License Agreement, and all other policies and principles that govern it. ACCEPTANCE OF THE TERMS OF USE IS ABSOLUTELY INDISPENSABLE TO THE USE OF THE WEBSITE AND ITS SERVICES.

The user must read, make sure he has understood and accept all the conditions established in the Terms of Use, as well as in the other documents incorporated by reference, before registering as a Mosarte user.

1. User data.

1.1 In order for the quality of the service provided via the internet to be guaranteed, it is essential that users provide the necessary and correct data when requested by Mosarte. Mosarte is not responsible for incorrect data entry.

1.2 Regarding the provision of data for the user to register in the Mosarte system, if applicable:

1.2.1 Mosarte may, at its sole and exclusive discretion, not accept the registration of users.

1.2.2 The veracity and authenticity of the data provided by users is an essential requirement for maintaining their registration. If the information provided in the registration is not consistent with reality or results in any kind of legal infraction, the user may be unsubscribed by Mosarte, without the need for prior and express notice.

1.2.3 It is not allowed that the same person has more than one registration. If Mosarte detects duplicate entries, through the data verification system, it will permanently disable both accounts.

1.2.4 Only the registration of the interested party who completes all the required information fields will be confirmed. The future user must complete it with accurate, precise and true information, assuming the commitment to update their personal data whenever changes occur.

1.2.5 Mosarte is not responsible for the correction of personal data entered by its users. Users guarantee and answer, in any case, for the veracity, accuracy and authenticity of the registered personal data.

1.2.6 Mosarte reserves the right to use all valid and possible means to identify its users, as well as to request additional data and documents that it considers to be relevant in order to check the registered personal data.

1.2.7 If Mosarte decides to check the veracity of a user's registration data and it is found that there is incorrect or untrue data among them, or if the user refrains from or refuses to send the required documents, Mosarte may block it temporarily suspend or permanently cancel its registration, without prejudice to other measures that it deems necessary and opportune.

1.2.8 If any of the aforementioned sanctions are applied, the user will not be entitled to any type of indemnity or compensation.

1.2.9 The user will access his account through one of the ways, such as: Facebook or Google logins, or e-mail and password and undertakes not to inform third parties of this data, being fully responsible for the use that may be made of them. done.

1.2.10 The user undertakes to notify Mosarte immediately and, through secure means, of any unauthorized use of his account, as well as unauthorized access by third parties to it. The user will be solely responsible for the operations carried out on his account, since access to it will only be possible through the provision of the password, the knowledge of which is exclusive to the user.

1.2.11 Under no circumstances will the assignment, sale, rent or any other forms of account transfer be permitted. It will also not be allowed to maintain more than one registration by the same person, or the creation of new registrations by people whose original registrations have been canceled due to violations of Mosarte's policies.

2 Modifications to the Terms of Use.

2.1 Mosarte may change these Terms of Use at any time, aiming at improving and improving the services provided. The new Terms of Use will come into effect as of their publication on the website www.mosarte.com.br. Within 24 (twenty-four) hours from the publication of the changes, the user must communicate by e-mail, in case he does not agree with any change in the Terms of Use. In this case, the contractual link will cease to exist. If there is no manifestation within the stipulated period, it will be understood that the user has tacitly accepted the new Terms of Use and the contract will continue to bind the parties.

2.2 The changes will not be effective in relation to operations already started at the time the same changes are published. For these, the Terms of Use will apply with the previous wording.

3 Information Privacy.

3.1 Mosarte takes strong measures to maintain the confidentiality and security of personal data, but will not be held liable for any damage that may be caused by the breach of these measures by third parties using public networks or the internet, penetrating security systems to access information. user information.

3.2 In case of doubts about the protection of personal data, or for more information about personal data and the cases in which the confidentiality referred to in this clause may be breached, consult the Privacy Policy.

3.3 By accepting these Terms of Use, the user acknowledges and agrees that Mosarte may collect, use, store, process and transfer to third parties their personal information for the purpose of providing the services indicated on the Mosarte website, as indicated in the Policy Privacy Policy.

4 System or Database Violation.

4.1 The use of any device, program, system or other resource that may interfere with Mosarte's activities and operations, as well as accounts and its databases, is not allowed. Any interference, attempted activity that violates or contravenes the laws of intellectual property rights and / or the prohibitions stipulated in these Terms of Use will render the responsible liable for the pertinent legal actions, as well as the sanctions provided for herein, being also responsible for the indemnities and for any damage caused.

5 Sanctions.

5.1 Without prejudice to other measures, Mosarte may warn, suspend or cancel, temporarily or permanently, a user's account at any time and initiate appropriate legal actions if: a) the user does not comply with any provision of these Terms of Use or the Privacy policy; b) fail to comply with their user duties; c) if you commit fraudulent or intentional acts; d) if the user's identity cannot be verified or if any information provided by the user is incorrect; and e) if Mosarte understands that the sending of photos of environments or any attitude of the user has caused any damage to third parties, to Mosarte itself or has the potential to do so. In cases of disabling user registration, all information and photos that are related and active will be automatically canceled and deleted. Mosarte reserves the right, at any time and in its sole discretion, to request the sending of relevant personal documentation to any user.

6 Responsibilities.

6.1 Bearing in mind, also, the impossibility of full and uninterrupted operation, 365 days a year, 24 hours a day, of any telecommunication or computer system, in this situation of fragility also including, due to its complexity, the availability of the services covered by this Terms of Use, including due to the dependence on telecommunications services provided by third parties, Mosarte does not guarantee, in any way, the provision of the service in an uninterrupted and / or error-free manner.

6.2 Mosarte will not inspect the content made available through the “Send Photos” function; it is the user's full responsibility to ensure that the content sent using the “Send Photos” function does not infringe the Copyright of third parties, and is not illegal or contrary to Mosarte's rules and policies. The user will keep Mosarte (and any company associated with it) free and exempt from any responsibility regarding the content hosted by the user using the "Send Photos" function. Any demand, whether of a material, moral or criminal nature, brought against Mosarte, related to the content of the data sent or hosted by the user, will be assumed immediately and exclusively by the user, obliging the user to immediately replace Mosarte in any judicial demand or extrajudicial, as well as to indemnify and reimburse Mosarte for any amount that may be required to pay.

7 Scope of Services.

7.1 These Terms of Use do not generate any partnership, mandate, franchise or employment relationship between Mosarte and the user. Mosarte is not responsible for any damage, loss or loss in the user's equipment caused by system, server or internet failures resulting from third party conduct. Mosarte will also not be responsible for any virus that could attack the user's equipment as a result of accessing, using or browsing the website or as a result of the transfer of data, files, images, text or audio. Users will not be able to assign Mosarte any responsibility or demand payment for loss of profit due to losses resulting from technical difficulties or failures in systems or the internet. Eventually, the system may not be available for technical reasons, internet failures, or for any other fortuitous or force majeure event beyond the control of Mosarte.

8 Intellectual Property.

8.1 The commercial use of the expression "Mosarte" as a brand, business name or domain name, as well as the contents of the screens related to Mosarte services, as well as programs, databases, networks and files, which allow the user to access and use your account, are owned by Mosarte and are protected by international copyright laws and treaties, trademarks, patents, models and industrial designs. The improper and / or unauthorized use of the term Mosarte as a brand, business name or domain name, as well as the contents of screens related to its services, as well as programs, databases, networks and files, and other forms of use that are considered harmful or that may violate international laws and treaties on copyright, trademarks, patents, models and industrial designs will imply the immediate exclusion of the user as well as the adoption of legal measures to stop any subsequent attempt at use, as well as indemnity for moral and / or material damages, without prejudice to other legal measures.

8.2 The Mosarte website may link to other sites on the network, which does not mean that these sites are owned or operated by Mosarte. Having no control over these sites, Mosarte will not be responsible for the content, practices and services offered on them. The presence of links to other sites does not imply a relationship of society, supervision, complicity or solidarity of Mosarte with these sites and their content.

8.3 The Mosarte website may invite the user to participate in online forums, online messaging services, social networks or other features that may lead the user to create, post, send, publish, distribute or transmit content, including, but not limited to a, texts, photographs, graphics, drawings, comments, suggestions or other information (“Content”). The user acknowledges that he is solely responsible for all Content that he makes available, regardless of the tool, system or form of submission. Whenever the user creates, posts, sends, publishes, distributes or transmits Content through the Mosarte website, platforms, services and / or products, or through third party websites, platforms, services and / or products to which the user has access due to the will to use or install third-party products and / or services, the user grants Mosarte an authorization and the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, archive , host, publish, process, create derivative work from or exploit in any form from the whole or part, in any media, software or medium known or that may exist, the information and content you provide without any other consent, notice and / or compensation to you or a third party. These rights are limited in the following ways:

8.3.1 As your content and information are owned by you and we only have non-exclusive rights to them, you can choose to make them available to third parties, including under the terms of a Creative Commons license.

8.3.2 You agree that we may store and use any information you provide to us in accordance with the terms of the Privacy Policy.

8.3.3 You agree that you will only provide content and information that does not violate the law or the rights of third parties (for example, without violating any intellectual property rights or a contract). Mosarte may be required by law to remove certain information or content. In this case, Mosarte will do so in order to comply with the legislation and avoid damage to itself or to third parties, without the user being able to claim any right in view of the fact that he cannot claim ignorance of this Term, nor to avoid compliance with the law "

9 Indemnity.

9.1 The user will indemnify Mosarte, its subsidiaries, controlled or controlling companies, directors, administrators, employees, representatives and employees for any claim arising from their activities on the website or for their non-compliance with the Terms of Use, the Privacy Policy or for the violation of any law or third party rights, including attorney's fees.

10 Minors.

10.1 The user declares that if he is under 18 years of age, his parents, guardians or legal representatives have read and agreed to these Terms of Use before any use of the products and services offered by Mosarte. The legal representatives of minors under 18 years of age or incapacitated are responsible for the acts of their represented or guardians. Mosarte will not carry out any verification of the information provided by the users, including in relation to their civilian capacity or adulthood. However, if Mosarte becomes aware, by any means, that a user is using any Mosarte product or service without the consent of his parents, guardians or legal representatives, Mosarte reserves the right to immediately and definitively interrupt access such user to Mosarte products and services, without prior notice.

11 Jurisdiction and Applicable Law.

11.1 All items in these Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters regarding its interpretation and compliance, the parties will submit to the Central Forum of the City of Tijucas / SC. Both parties waive any other jurisdiction that may correspond to them.