Terms and conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE PORTAL
OD4D – OPEN DATA FOR DEVELOPMENT

1. Acceptance of the Terms of Use by Users

1.1 For users to have permission to freely use the contents and services provided by the Portal they must first read and expressly and unconditionally agree with these Terms of Use, the Privacy Policy, as well as with the Specific Terms of the versions currently published on the Portal.

1.2 Other notices and instructions published by the Portal must be regarded as complementary to these Terms of Use and, likewise, Users must take notice of and comply with them fully.

1.3 The Portal reserves the right to change, remove and/or extend these Terms of Use at any time, freely and without notice.

1.4 Users are responsible for reading the respective Terms of Use and other Specific Terms whenever they use and/or access the Portal, provided that such Terms may be amended at any time.

1.5 As a condition to use the Portal, Users accept liability for any action, complaint, loss, damage, responsibility or expense (including reasonable solicitor fees) in connection with using this portal. If a user is not happy with any materials on the portal or any of the terms and conditions of use of the portal, it is the user’s sole responsibility to refrain from using the Portal.

1.6 Hence, Users are not permitted to access and/or use the Services available on the Portal, if they are not in full and unreserved agreement with all of the dispositions of these Terms of Use. If in disagreement, a User must immediately stop accessing and/or using the Services provided by the Portal.

2. Access to and Use of the Services

2.1 The Portal provides its Services to Users free of charge, except for a few Services offered by the Portal and/or third parties, which may be charged as per the dispositions of the Specific Terms.

2.2 Initially, use of the Services provided through the Portal does not require Users to subscribe and/or register – i.e. referred to as “Open Services”. However, the Portal also provides a few Services that require Users to subscribe and/or register to gain access to them – i.e. referred to as Semi-Open Services.

2.3 In order to access Semi-Open Services, Users must provide information as part of the process of filling in the subscription and/or registration forms. The User agrees and declares that the information provided is true and accurate; and he/she is responsible for ensuring that the information is kept up-to-date in the Portal. If the User fails to do so, he/she will be liable for false or inaccurate declarations that may cause damages or losses to the Portal or to third parties.

2.4 If a User is underage, permission from his/her parents, tutors or legal guardians will be required to access and/or use the Services of the Portal. The authorizers shall be fully responsible for all acts carried out by the minor, as well as by the contents and services accessed and/or used by the minor.

2.5 Under these terms, Users agree and commit to using the Services correctly, solely for the permitted uses and in compliance with the dispositions of these Terms of Use, the Specific Terms of particular Services, and of other notices and instructions prepared by the Portal, as well as the legislation in force and common sense.

2.6 Nevertheless, a User must be aware that he/she has sole responsibility for breaching his/her commitments and obligations regarding the use of the Portal as per these Terms of Use. Users acknowledge that the Portal organizers do not have any liabilities to them or to third parties, and Users are liable for all consequences, such as losses, damages or financial losses incurred by the Portal or by third parties due to breach by a User.

2.7 The terms and conditions herein comprise the user agreement of this Portal.
3. Portal Management and Maintenance

3.1 The Portal shall be managed and maintained by W3C Brazil

4. The Portal and its Content

4.1 The contents submitted by users to collaborate with the portal must be of educational nature.

4.2 Users may download and copy information, documents and other materials available through the portal and redistribute or change these, provided that they quote the source.

4.3 The content available through the portal is provided with a non-exclusive license, with royalty-free rights for anyone to use it in whole or in part for any lawful purposes. This includes, without limitation, reproducing, storing, copying, publishing, adapting, digitalizing, sending, communicating and displaying or using it in any existing or future media, as per the Creative Commons – Attribution 3.0 (by) license. This license entitles third parties to distribute, remix, adapt or create related works for commercial use or otherwise, provided that due credit is attributed to the original author or licensor.

4.4 The contents submitted by users/collaborators are Users’ responsibility and shall be subject to moderation by the Portal administrators, if in breach of the terms set forth herein.

4.5 Materials displayed through the portal are provided on an “as is” basis, exclusively for information purposes; we make no guarantees as to their accuracy or comprehensiveness. The Portal may periodically amend the contents in order to improve or update the materials available through the portal, without advance notice to Users.

4.6 Users use the portal at their own risk. Under no circumstances will the Portal be liable for any losses, damages, responsibilities or expenses arising from or incurred while using the Portal, including, but not limited to, any flaws, errors, omissions, interruptions or delays related to it. Under no circumstance, including, but not limited to negligence, the Portal will be liable for any direct, indirect or special accidental damages.

4.7 Users expressly acknowledge and agree that the Portal Administrators are not liable for the conduct of any User collaborating with the Portal.

4.8 The Portal may contain recommendations, reports and declarations from different content providers, however, the W3C Brazil:

I.Does not attest to the accuracy or reliability of any advice, opinion, declaration or other information provided by any content provider or any portal user or other person or entity;
II.Does not confirm any opinion, advice, declaration or other information available through the portal, and users are liable for making their own judgment.
III.W3C Brazil, its employees, information providers or content developers do not accept any liability for any user or individual, for any inaccuracies, errors, omissions, interruptions, obsoleteness, incompleteness, removal, defects, performance flaws, computer viruses, communication line failures, changes to or use of any content available herein or by any consequential damage, regardless of its cause.

4.9 Except when otherwise specified, the opinions and conclusions expressed in the materials available through the portal are the sole responsibility of their authors and do not necessarily express the views of W3C Brazil. All content produced by collaborating users are the Users’ responsibility and is subject to moderation by the portal administrators, if in breach of the terms of set forth herein.

4.10 No data, information and/or material available on the portal may be regarded as an implicit or explicit advice on investments. Hence, no content available through the Portal or any of its materials constitutes offer or invitation from W3C Brazil, or on its behalf, to buy or sell shares or securities.

4.11 The portal contains links and references to third-party websites. The referenced websites are not controlled by W3C Brazil, which is not liable for the content of any portal or website referenced or any links contained in a referenced portal or website. The W3C Brazil provides these links as a measure of convenience to users, and the inclusion of a link or reference does not imply any support from W3C Brazil.

4.12 If the portal has notice boards, chat rooms, access to discussion lists or other means of message exchange (referred to as “Forums”), Users agree to use forums only to send and receive appropriate messages and materials related to the specific forum. For example, when using a forum, users agree, among others, to refrain from any of the following:

I.Vilifying, abusing, stalking, threatening or breaching the legal rights (such as privacy and publicity rights) of others;
II.Publishing, distributing or sharing any defamatory, unlawful, obscene or indecent material, or illegal information;
III.Sending or attaching any files containing software or other materials protected by intellectual property rights (or privacy or publicity rights), except when the user controls such rights or has obtained the necessary permissions;
IV.Sending or attaching files containing viruses, damaged files or any other similar software that may damage the operation of another computer;
V.Removing any author attributions, legal notices or property rights notices and labels from any files loaded;
VI.Faking the origin or source of software or other materials contained in a file loaded;
VII.Advertising or offering any products or services for sale, carrying out or forwarding surveys, contests or chain mail;
VIII.Downloading any files posted by another forum user which the user knows or suspects may be illegally distributed.

4.13 All forums or discussion groups are public and non-private.

4.14 All chats, launches, conferences, electronic mail (e-mails) and other communications by other Users are not endorsed by the W3C Brazil and such communications must not be regarded as being reviewed, tracked or approved by the W3C Brazil.

4.15 The Portal reserves the right to remove content received from users from Forums without advance notice, for any reason, including, without restrictions, electronic mail and bulletin publication entries.

4.16 The Portal reserves the sole right to change, limit or remove the portal or any materials in any circumstances and at its own discretion.

4.17 The Portal reserves the right to refuse access to this portal or to parts of it, without notice, to any users who breach these Terms of Use, the legislation in force and/or principles of morality and good conduct.

5. Intellectual property Rights

5.1 The brands, trade names or distinctive symbols of any kind published on the Portal by its Users and partners are the sole property of their publishers. Using the Portal and its Services does not entitle Users to any transfer of rights, licenses, authorization or any other rights to use any brands.

6. Exemption Clause

6.1 Users expressly agree that the use and/or access to the Portal Services is their sole responsibility. They acknowledge that the Services are provided on an “as is” basis, according to availability, and the Portal makes no guarantees that use of the Services will meet Users’ demands.

6.2 Service Continuity: For strictly technical and operational reasons, the Portal cannot guarantee the availability and continuity of the operation of the Portal and its Services. On occasion, the Portal may give advance notice of interruptions to its operation and Services, but it can never guarantee that the use of the Portal and its Services will be uninterrupted, timely, secure and error-free and that any defects in the Services or the Portal will be corrected.

6.3 Viruses: The Portal does not guarantee that its content, third-party services, links or other elements that may affect Users’ systems or the electronic files/documents stored are virus-free. Hence, the Portal exempts itself from any liabilities due to occasional losses, damages and financial losses of any nature due to such events.
6.4 Contents and Links: The Portal makes no guarantees as to the legality, reliability, accuracy and usefulness of the Contents, as well as the services provided by third-parties through the Portal. Hence, the Portal exempts itself from any liabilities due to occasional losses, damages and financial losses of any nature in connection with:
I.breach of law, morality and good conduct principles, as a result of sending, sharing, storing, publishing, receiving, obtaining or accessing contents;
II.breach of intellectual and industrial property rights, corporate secrets, contractual commitments, honor rights, individual and family privacy rights, personal image rights, property rights and third-party rights of any nature in connection with sending, sharing, storing, publishing, receiving, obtaining or accessing contents;
III.untruthful, imprecise, inaccurate, irrelevant and/or outdated contents;
IV.contents that are inadequate for their purpose or do not meet the expectations generated by them;
V.failure to comply, delays, fault or termination for any reason of the obligations contracted by third-parties and third-party agreements made through or based on access to contents;
VI.Bugs and defects of all kinds in the services provided by third-parties through the Portal.
6.5 The Portal makes no guarantees as to the truthfulness, accuracy and timeliness of its contents, and accepts no liability for any losses, damages or financial losses of any nature in connection with the lack thereof.
6.6 Use Control: The Portal does not control Users’ access and use of the Portal, Services and Contents. Hence, the Portal offers no guarantees that Users will use the Portal, Services and Contents in compliance with the legislation, with these Terms of Use and with the respective Specific Terms, with morality and with principles of good conduct; nor that they will do so carefully and sensibly. Thus, the Portal is not obliged to check, and it doesn’t check, the identity of Users, and the truthfulness, timeliness, completeness and/or authenticity of the personal Data provided by Users to other Users. In view of this, the Portal exempts itself from any liabilities due to occasional losses, damages and financial losses of any nature in connection with the above.
6.7 Security: The Portal meets the legally required security and data protection levels, constantly seeking to implement new means and additional technical security measures. Nevertheless, Users must be aware that Internet security measures are not infallible.
7. Interruption and Termination of Services
7.1. The Portal reserves the right to refuse or ban a User’s access to the Portal and/or Services at any time, without advance notice, at its own discretion or in response to a third-party request due to breach of these Terms of Use.
8. Governing Law and Jurisdiction

8.1. -The present Terms of Use are governed solely by the laws of the Federative Republic of Brazil and any legal disputes arising from their interpretation or enforcement must be arbitrated by a Brazilian court of law.

8.2 The Central Court of the District of São Paulo, State of São Paulo, shall have sole jurisdiction to resolve any questions or disputes in connection with these General Terms and Conditions of Use, to the detriment of any other jurisdiction, however privileged.

Any person (User) intending to use the portal, must read and make sure to have understood all of the “General Terms and Conditions” applicable to the use of the portal. Accepting these “General Terms and Conditions” is an absolute requirement for using the portal.