Terms of use - EHSOM
1. Terms of use - EHSOM
A. Its acceptance USING AND/OR VISITING THIS Web site (collectively, including all the available index with domain EHSOM.COM, it means that you are aware on the use of the TERMS AND CIRCUMSTANCES (“service terms”) AND the TERMS AND the CONDITIONS OF the COMMENT of the PRIVACY of the EHSOM, THAT IS PUBLISHED in http://www.ehsom.com/privacy, AND THAT THEY ARE INCORPORATED IN T HIS FOR REFERENCE. If you do not agree to any term to follow, please do not use the EHSOM web site.
2. EHSOM WEB SITE
A. In these terms of service are all applied it the users of EHSOM web site, including the users who are also contributing of the index music, information, expositions, and all the other materials or services in the Web site. Web site EHSOM can contain the linkings to a Web site of the third party that are not possessed nor are not controlled for EHSOM. EHSOM does not have any control on, and it does not assume any responsibility for the index, the politics of privacy, or the practical ones of any Web site of third. Beyond, EHSOM cannot yield or edit the index of any “third-broken” place. Using the Web site, you express alleviated to EHSOM all the responsibility on web sites of third. As cited above, we want you to be aware of norms of EHSOM web site, carrying on reading the terms, the conditions and the politics of privacy of the Web site that you visit.
3. Accessing EHSOM web site
A. Concessions allow you to use the Web site as definitive in the service terms, following that: (i) the use of the Web site is allowed only for personal or entertainment use, not commercial; (II) you cannot record any song for collective use or distribute any part of the Web site and its content without written authorization previous of EHSOM; (III) you will not modify any part of the Web site (IV) you commit to the terms and the conditions of these terms of service.
B. To improve the characteristics of this Web site, you will have to create one ID register in cadastre/customer. You will never be able to have access registers by another one without permission. When creating your ID register, you must supply the accurate and complete information. You are responsible for the activity that occurs in your register, and you must keep your password safe. You must notify EHSOM immediately about any rupture of the security or use disauthorized of your ID register. Although EHSOM is not responsible for losses or disauthorized access, you can be responsible for the losses of the EHSOM or of another service case if your ID register has been used incorrectly.
C. You agree to not using or not launching any automatized system, including without limitation, “robots,” “spiders,” “reading 0ff-line,” Spam, virus etc that the Web site in way reaches that emits damages to the EHSOM and its customers and users. EHSOM web site is opened for music and clips publication , is forbidden the use of songs that run away from the rules of normal behavior, also forbidden music that foment war, ethnic racism, religious politician and as well as it is forbidden all and any publication of offensive music. EHSOM is not responsible for the content of songs being the legal authors responsible publisher and judicial before the laws. EHSOM compromises in taking off of air immediately all offensive songs without acknowledgment to the song proprietor, being authorized EHSOM to inform the competent agencies the data registers when this requested one for federal agencies or of protection of copyrights and intellectual.
D. You agree not to collect or spoon any personal information of the users, not including names of customer and users of the Web site. You accept to make a good use of EHSOM web site, depriving for good behavior and the good fruit of its contents.
E. EHSOM compromises in keeping under secrecy all and any information deposited in the web site, except when requested for justice or competent agencies.
4. Rights of copyright
A. EHSOM web site, and all the submissions of the user (as defined below), including without limitation, the text, software, the certificates, the graphs, the photos, the sounds, music, the videos, interactive characteristics and the taste (“index”) and the registered marks, the marks of service and the logos contained in this (“marks”), possessed and are permitted the EHSOM, the copyrights and the other rights of copyright under Brazil, United States and foreign conventions of the international laws. The index in the Web site is supplied AS PERSONAL USE and is personal use only and it cannot be copied, be reproduced, be distributed, transmitted, sold, permitting, or in another way to be explored for any other purposes without assent previously written of the respective proprietors together with EHSOM. EHSOM reserves all the rights granted to the proprietors of music or other publications. You agree not to use, not to copy, not to distribute nor index of this web site without express permission of the proprietor of the object, nor to copy articles, songs and publications of the Web site, including the use here, copy, distribution of submission of the user the third part gotten with the Web site for any commercial purposes. If you download or print a copy of the index for personal use, you must hold back all the copyrights and other comments proprietors contained here. You agree not to intervene, to incapacitate or to intervene in another way with the characteristics related in the security it Web site it EHSOM or the characteristics that all hinder or restrict the use or the copy of the index, strengthening the limitations in the use of the EHSOM and all its content.
5. Submission of the user
A. EHSOM web site can now or in the future stop the publication permission of the archives published for you or any another user without advanced warning. EHSOM does not guarantee confidentiality of articles published in the site. The personal dates in the registered in cadastre site will only be secrecy.
B. You will be solely responsible for your proper submission and the consequences to affix them or to publish as well as stamping for the good use of the web site, not denigrating the image of EHSOM in any hypothesis. In relation to the submissions of the user, you affirm represents and authorize:
(I) you possess or have the licenses, the rights, the assent, and the permissions necessary to use proper article in the EHSOM, but it is clearly that all the patent, marks registered, secret of commerce, copyrights or other rights of proprietors will be, after its publication in EHSOM, reserved for to the proprietor
(II) you have the assent, the release, and/or the permission to publish your music, videos clips and other products offered for EHSOM, but you are aware that the publication of material that contains words of racism, racial or religious prejudice, as well as cultural offence is forbidden or linguistics. Also it is banished the article use that contemplates the use of drugs and articles related to prostitution and pedophile. IT IS CLEARLY THAT EHSOM IS NOT RESPONSIBLE FOR THIS TYPE OF MATERIAL, BEING EXCLUSIVE RESPONSIBILITY OF THE USER. EHSOM WEB SITE COMPROMISES IN BLOCKING AND TAKING OFF OF AIR THESE OFFENSIVE SUBSTANCES, AND EXEMPT ITSELF FROM ANY RESPONSIBILITIES FOR GENERATED IT.
For clarity, you withhold 100% of the rights of the ownership in your submission of user, thus, articles for you published that are legal. The offensive and illegal articles, also plagiarisms, used for you are 100% your responsibility, being able to be processed in accordance with the Brazilian, American and international law of the human, rights of private property and copyright.
However, submitting the submissions of user of EHSOM, you grant this way EHSOM the world-wide license, not exclusive, exempts of royalty, under permitted and transferable EHSOM to use it, to reproduce, to distribute, to prepare works derived from exposition, and to execute the submissions of the user in relation its successor of EHSOM to the business of the Web site and the proper EHSOM (and, including without limitation to promote and to distribute part all or the content of the article published in EHSOM web site in all the formats of the ways and through any ways) that is, EHSOM is free for publishing all the contents of the site in any another site or to use them for commercial end without responsibility to the proprietor of music.
Once you disconnect the EHSOM, you are allowed to publish your own songs in another media, but pay attention that EHSOM carry on with the rights to continuous publishing your own songs without your assent.
C. In relation to the submissions of the user, you agree that you cannot:
(I) to submit the material that already possess copyrights, protected for secret or in another way for the subject it commerce and the rights of properties of third party, including the privacy and the rights of advertising, unless you are the proprietor of such rights or has the permission of his proprietor to fix the material and to grant to EHSOM all the rights of the licenses granted in this;
(II) to publish virus or representations that could damage EHSOM and other users;
(III) to submit the material that is illegal, defamatory, illicit, threatening, with authorship the pornography, racism, ethical offence or that they wound the good behavior that would be considered a criminal offence, causing civil liability, violating the law, in any improper way;
(IV) to affix advertisement or requests of business without previously written assent of the respective proprietors together with EHSOM.
EHSOM do not endorse any user opinion, submission, recommendation or advice expressed in this web site. EHSOM contradicts all responsibility related to the users submissions. EHSOM does not allow any copyrights and intellectual infraction in this Web site and EHSOM will remove the entire index and user submissions if correctly notified that such submission of the index or the user infringes the norms of good behavior of this contract. EHSOM reserves the right to remove the submissions of the index and the users without previous comment.
EHSOM will also finish the user access in the Web site, if one be determined an infractor. An infractor is a user who is notified of infraction of the one activity more than twice and/or has a submission removed from the Web site more than twice. EHSOM also reserves the right to decide if the index or the submission of the user competes with these terms of service, if broke any law or infringe the copyrights of the material like, not limited the material that is illegal, obscene, defamatory, illicit, threatening, with authorship the pornography, racism, ethical offence or that they wound the good behavior that would be considered a criminal offence. EHSOM can remove user submissions and/or finish a user access if any material violate the terms of service and in any time without previous comment.
D. If you are the copyrights detainer of some publication made for another user, you must observe the following clauses, having to present such documents for its evidence:
(I) A physical or electronic signature of the authorized person to act on behalf of the copyright proprietor,
(II) The identification of the submission being demanded the copyrights and claimed for infraction, have to be proved with legally copyright documents,
(III) Identification of the material that are demanded Infraction or to be the infraction subject the activity, EHSOM immediately will remove the access of the material until information enough are allowed the service supplier to find the material;
(IV) Reasonable information, allowing the service supplier to contact the user, as an address, the telephone number, and, if available, an e-mail;
(V) An indication that you possess is a good faith opinion of the material used. It is not authorized the use without the copyrights proprietor consent, his agent or law;
(VI) It will only be allowed the notification of an infraction or property right by means of legal publication to EHSOM through proper or agent itself, with legal documentation and duly registered in notary's office.
The copyrights proprietor of some effected publication already appointed in the EHSOM must send notifications in writing proving the infraction, to the following address:
AVENIDA 7 DE SETEMBRO, 2317, SALA 06
CEP 89000-000
CENTRO - ARARANGUÁ - SC - BRASIL.
For clarity, please read the clauses of this contract, if you have any doubts, enter in contact with EHSOM in the site www.ehsom.com/support.
E. You understand the terms of use of EHSOM web site, where your using publications will be displayed the public in diverse places, and EHSOM is not responsible for the exactness, the utility, the security, or copyright rights a time this being related the submission of different users. You understand and recognize that you can display submissions of the user that are offensive, indecent, or awkward, and you agree to renounce any responsibilities of EHSOM, its partners and employee, being exclusive responsibility of the users in this web site.
F. EHSOM allows the use of the materials in the Web site for personal purposes, not commercial. EHSOM only allows the domestic use of the existing materials in the web site.
6. Guarantees
A.YOU AGREE THAT YOUR USE IN EHSOM WEB SITE WILL BE ON YOUR OWN RISK. THE EXTENSION IS ALLOWED BY LAW, EHSOM, OFFICIAL MARK, ITS DIRECTORS, EMPLOYEES, AND THE AGENTS CONTRADICT ALL THE GUARANTEES, EXPRESS OR IMPLIED IN RELATION TO THE WEB SITE AND ITS USE. EHSOM DOES NOT GUARANTEE OR RESPRESENTS THE EXACTNESS OR THE COMPLETENESS OF THE INDEX IN THIS WEB SITE OR THE INDEX OF ALL PLACES AND DOES NOT ASSUME ANY RESPONSIBILITIES FOR ERRORS:
(I) ERRORS, IN THE VERACITY OF THE INDEX,
(II) PERSONAL WOUND OR THE DAMAGES TO THE PROPERTY, OF ALL THE ANY NATURE, RESULTING OF YOUR ACCESSES AND THE USE OF OUR WEB SITE,
(III) FORBIDDEN ANY DISAUTHORIZED ACCESS OF OUR WEBSITE, IDENTIFYING AND IT’S THE USER RESPONSABLE AND/OR OTHERS FOR ALL THE PERSONAL INFORMATION AND/OR STORED FINANCIAL INFORMATION IN THIS PLACE,
(IV) ALL THE INTERRUPTION OR CEASING OF THE TRANSMISSION OF OUR WEB SITE WILL NOT BE REASON TO LEGAL, CIVIL OR COMMERCIAL ACTION,
(V) ANY ERRORS, VIRUS, HORSES OF TROY, OR ANY ANOTHER HARMFUL WAY THAT CAN BE TRANSMITTED THROUGH OUR SITE FOR THE USERS OR THIRD IS NOT EHSOM RESPONSIBILITY. EHSOM DOES NOT AUTHORIZE, DOES NOT ENDORSE, DOES NOT GUARANTEE, NOR DOES NOT ASSUME THE RESPONSIBILITY FOR ANY PRODUCT, NOR DOES NOT GIVE SUPPORT SERVICES, NOR DOES NOT ANNOUNCE MAINTENANCE OFFERED FOR THIRD PART WITH THE EHSOM WEB SITE OR IN ANY OTHER WEB SITE AND HYPERLINKE OR CHARACTERIZED IN NO FLAG OR ANOTHER ANNOUNCE.
7. Limitation of responsibility
EHSOM, ITS PROPRIETORS, DIRECTORS, EMPLOYEES OR AGENTS WILL NEVER BE RESPONSABLE FOR YOU IN ANY CONSEQUENT DAMAGE OR IN ANY PUBLICATION IN THIS SITE AS WELL AS THE ONES COME OF PUBLICATION ERRORS
(I), ERRORS, OR INAPROPRIEDADES,
(II) PERSONAL WOUND OR PROPERTY DAMAGES OF ANY NATURE RESULTED OF ACCESSES BY THE USERS IN OUR WEB SITE,
(III) ALL THE ACCESS DISAUTHORIZED OR PUBLISHED MATERIAL FIXED IS ONLY THE USER RESPONSIBILITY,
(IV) ALL THE INTERRUPTION OR CEASING OF THE TRANSMISSION OF OUR WEB SITE,
(IV) ANY ERRORS, VIRUS, HORSES OF TROY THAT CAN BE TRANSMITTED THROUGH OUR WEB SITE BY THE USERS
(V) SOME ERRORS OR OMISSIONS IN SOME INDEX, FOR SOME LOSS OR DAMAGES OF TYPING INCURRED INTO CONSEQUENCE OF YOUR USE OF SOME AFFIXED INDEX, OF EMAIL, TRANSMITTED, OR MADE BY ANOTHER AVAILABLE WAY THROUGH THE EHSOM WEB SITE, IF BASED IN THE GUARANTEE, THE CONTRACT, SOME ANOTHER LEGAL THEORY, THE EHSOM EXEMPT OF ANY DAMAGES AND RESPONSIBILITIES FOR USE USER. YOU RECOGNIZE SPECIFICALLY THAT EHSOM WILL NOT BE RESPONSIBLE FOR SUBMISSION OF THE USER OR DEFAME BEHAVIOR, OFFENSIVE, OR ILLEGAL OF THE USER OR THIRD PART AND THE RISK IS ENTIRELY YOURS.
The Web site is controlled and offered by EHSOM in its facilities in BRAZIL. EHSOM does not make any representation that Web site EHSOM is appropriate or available for the use in other positions. Those that reach or use EHSOM Web site in other jurisdictions make legality of this contract and are responsible in conformity with the local and international law.
8. Indemnity
You agree to defending or indemnifying EHSOM, its corporation, officers, directors, employees and agent, meeting with the claims, damages, obligations, losses, responsibilities, costs or debit, and expenditures (that include limitless taxes of the lawyer) deriving of materials published by you in the cases:
(I) use and access improperly to EHSOM web site;
(II) breaking of some term of the terms of service;
(III) breaking of some right of third parties, including without limitation some copyright, property or right privacy; or
(IV) some demand that one of its submission of the user caused the damages to one third part.
This obligation of defense and identification will survive these terms of service and the use of EHSOM web site.
9. Ability to accept service terms
You affirm that you are 18 years old or older, or an emancipated minor, or possess the legal assent of your parents responsible and are entirely capable and competent to participate in the terms, the circumstances, the obligations, the affirmations, the representations, and the guarantee determined in these terms of service, and is aware of the terms of service. The EHSOM is intended for all the ages, saved responsibilities of the parents. For minors of 13 years old, it is forbidden the access songs which distort the good behavior of the lesser user of 13 years. Please consult your parents or responsible to verify what you can access.
10. Attribution
In these terms of service, no right or granted licenses below, cannot be transferred or attributed by you, but they can be attributed by EHSOM without limitation.
11. Generality
You agree that:
(i) EHSOM Web site will be judged based only in the State of Santa Catarina - Brazil.
(ii) EHSOM will be judged a passive Web site that does not cause the personal jurisdiction, specific or general, in the jurisdictions inside and outside of Brazil. These terms of service will be governed by the internal substantive laws of Brazil, being applicable the international laws. Any claims or disputes that rise between you and EHSOM will be determined exclusively for one curt situated competent jurisdiction in the State of Santa Catarina - Brazil. These terms of service, together with the comment of the privacy is in http://www.ehsom.com/privacy and all the other legal comments published by EHSOM in the Web site, will constitute entire agreement between you and EHSOM regarding EHSOM web site. If some provision of these terms of service will be judged invalid by one curt in the competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms of service that will remain force and effect completely.
Any resignation of this term of service will be judged an additional resignation or continuing of such term or in any other term, and the imperfection of EHSOM to affirm no right or provision under these terms of service will not constitute a resignation of such right or provision. EHSOM reserves the right to amend these terms of service at any time without comment, and is your responsibility to review these terms of service and all the changes. The continuous use of EHSOM web site after the emendation of these terms of service will mean accepted, and the acceptance of all revised terms.
YOU AND EHSOM AGREE THAT ALL CAUSE OF ACTION THAT RAISES OUTSIDE OF OR RELATED ABOUT EHSOM WEB SITE MUST START INSIDE OF ONE (1) YEAR LATER THAT THE CAUSE OF ACTION RESULTED. IF NOT, SOME CAUSE OF ACTION IS BARRED PERMANENTLY. YOU ARE AWARE THAT READ AND UNDERSTOOD ALL THE ARTICLES OF THIS CONTRACT.