Terms of Use
LAST UPDATE: 01/23/2023
TERM OF USE CONDITIONS OF THE CREATOR PRO PLATFORM AND OTHER AGREEMENTS
By this Agreement, on the one hand, the company CREATOR PRO LTDA, registered with the CNPJ/MF under No. 47.765.085/0001-62, headquartered at Rua Professor José Vieira de Souza, No. 178, Itaipu, Niterói, Rio de Janeiro , zip code: 24.342-115, hereinafter simply referred to as CREATOR PRO, and on the other hand, the registered or unregistered visitor to the CREATOR PRO platform, hereinafter simply referred to as THE USER, agree to this agreement, which shall be governed by in accordance with the following terms and conditions:
Introduction:
Welcome to the CREATOR PRO platform. We are an innovative platform that seeks to lower the barriers to entry on the web3. Aimed at all audiences, with the purpose of stimulating a creative economy among creators, fans and beneficiaries. The company CREATOR PRO enables the creation and sale of NFTs on different Blockchain networks. We are one of the first platforms to create smart contracts aimed at sharing revenue from digital platforms between the parties involved. This Term is fully, irrevocably and irreversibly signed between CREATOR PRO and the USER, according to the qualification assumed when using the Platform. This Term is characterized as a binding contract between the Users hereinafter referred to as CREATORS or USER and the company CREATOR PRO.
CLAUSE ONE - ACCEPTANCE OF TERMS AND CONDITIONS:
1.1. By joining the CREATOR PRO platform and accepting the conditions established in this Term, the USER expressly guarantees and assumes that he/she is of legal age, at least 18 (eighteen) years old, or is 16 (sixteen) years old, being necessary his emancipation to configure such use of the platform, or if he is not emancipated, that he is under strict supervision and has authorization from his legal guardian to proceed with the current use of the platform. If the use is through a legal entity, the USER must have express contractual authorization for the binding of the legal entity to the CREATOR PRO platform.
1.2. By using the platform, the USER guarantees and assumes that he has read and agreed with the entire content of this Term. The non-agreement with the Terms and Conditions present here, make it impossible for the USER to use any tools available on the CREATOR PRO platform, at any time.
1.3. The company CREATOR PRO reserves the exclusive right to change or modify, in whole or in part, this term, at any time and without prior notice to the USER, which in case of conflict, the last amendment to this term will prevail.
1.4. Any modifications that restrict or limit the USER's rights or tools will be communicated duly and in a timely manner, not ruling out the USER's need to review this Term frequently, as it is subordinated to this one, to the one in force at the time of its access and use, being automatically bound by this term in case of continued use of the platform. If they do not agree with the changes, the USER must discontinue using the Platform and cancel their account, in accordance with the provisions set forth in this term.
CLAUSE TWO - CREATOR PRO AND DEFINITIONS:
2.1. CREATOR PRO is an online platform intended to provide technological tools for the creation, sale, management and administration of digital products such as, but not limited to, NFTs, crowdfunding, dreamfunding, courses, and NFTs galleries.
2.2. CREATOR PRO allows the USER to create such projects on its platform, as well as allowing them to use existing projects and to enjoy all the other functions of the platform.
2.3. The CREATOR PRO platform allows the realization of smart contracts for sharing revenue from digital platforms (DSPs) between creators, fans and beneficiaries. Through the aforementioned platform, the USER can share recipes for products distributed on the Youtube platform, Facebook, Instragram, Spotfy, Deezer and other digital platforms available on the market.
2.4. In addition to other features, the CREATOR PRO platform will provide digital marketing tools and launches for its USER, as well as campaign management through GOOGLE ADS and on the META network.
2.5. CREATOR PRO will make its best efforts so that all USERS have the best possible experience in using the Platform, including with regard to handling User complaints and requests, within the limits of its attributions.
CLAUSE THREE - PLATFORM REGISTRATION:
3.1. When the USER registers on the CREATOR PRO platform, the USER expressly declares and assumes the veracity, authenticity and legality of all information made available on the website.CREATOR PRO platform, and the USER may be held civilly and criminally liable, in accordance with Brazilian law, for fraudulent misrepresentation, pursuant to the express provision of art. 299, of the Brazilian Penal Code, or even if the USER is a foreigner or resides in another country, he/she will be subject to other legislation in force in the country in which he/she resides. Thus, the CREATOR PRO platform is not responsible for the veracity and correctness of the data entered by the USER, and the USER must fill in such information with the platform.
3.2. Registration on the platform is carried out by filling in only your email and creating a password. However, to use the CREATOR PRO tools, it is necessary to enter other personal information. Among the personal information necessary to enable the use of the tools, include, but are not limited to: full name, business name, personal documents (RG, CNH, CPF and CNPJ), date of birth, contact information (eg. : landline number, cell phone, residence or domicile, e-mail address, among others), photos and social media profiles. The USER's bank information or data from his credit card, current account or PIX, as the case may be, will also be requested to make payments, refunds and transfer of amounts. For this purpose, the USER must have a bank account in Brazil.
3.3. In the case of foreign USERS or those who perhaps have a bank account outside Brazil, the USER must provide their PayPal account data to enable any and all financial operations they wish to carry out on the CREATOR PRO platform.
3.4. In accordance with item 3.2. above, in order to register, in addition to providing an e-mail address, the USER must create a personal and non-transferable password to login to the Platform. The USER login and password are confidential and confidential. The USER must be responsible for the non-disclosure, leakage as well as its secrecy, adopting the necessary precautions and diligence to prevent misuse by third parties and any losses or damages arising from breach of login security.
3.5. In this way, all personal information from USER registrations will remain stored on the CREATOR PRO platform, in accordance with all the rules contained in this Term, as well as with the rules listed in the CREATOR PRO Privacy Policy Document, and may be corrected by USER, if necessary. Whenever necessary, the USER must update such information, as a way to guarantee the full updating of his registration with the platform.
3.6. Through the rules and conditions established in this Instrument, CREATOR PRO may not allow access or cancel the USER's account, at its sole discretion, regardless of any notification or prior notice, in the aforementioned cases: (i) In remote circumstances, where the information passed on to the platform is false, untrue, improper, irregular or insufficient; (ii) In a remote hypothesis, occurring at any time, any indication of fraud in the face of the information provided or irregularity regarding the registration now carried out, as well as through the irregular use of the platform; (iii) In the event of a duplicate USER account being created; and finally (iv) In remote circumstances, where the USER's original registration has been canceled due to a possible breach of this Contractual Instrument.
3.7. The information provided by the USER will be used confidentially and exclusively by CREATOR PRO and will only be provided to the responsible authorities in the cases provided for by law or when fraud(s) is verified, such as, but not limited to, ideological falsehood or incorrect use of the services. In these cases, the fraudster's information (name, address, IP etc.) may be provided by CREATOR PRO to the responsible authorities, so that all possible measures can be taken by them.
3.8. The inactivation of the account by the USER does not entail its cancellation or exclusion from the platform, but only the suspension of its use until its reactivation. The account will be deleted if the inactive USER does not have an asset in his account and remains inactive for a period of 1 (one) year. In this sense, it is emphasized that, despite being inactivated or deleted, the information contained in the account will remain available to CREATOR PRO for the fulfillment of the purposes related to the Projects, when existing.
FOURTH CLAUSE - MODALITIES AND FUNCTIONS
4.1. CREATOR PRO provides the USER with the following functions and methods of use set out below:
The). Creation, purchase, sale and management of items in NFTs in different Blockchain means;
B). Sharing recipes from digital articles through the platform itself;
ç). Purchase and sale of shares in Campanhas of crowdfunding and dream funding;
d). Management of personalized campaigns on Google ads and the META network;
and). Purchase and sale of courses through Blockchain and tools available on the platform;
d). Premium subscription package for the CREATOR PRO platform, which provides access to advanced Marketing tools and exclusive content available to subscribers.
CLAUSE FIVE - USER'S RIGHTS AND RESPONSIBILITIES
5.1. Considering that CREATOR PRO does not produce content on the platform, only as a director in a specific project, and does not carry out prior editorial control of the projects, it is solely and exclusively the responsibility of the USER, creator of the content presented in the project exposed to the sale on the platforms, fulfillment of the execution of the proposal, the offer and delivery of rewards within the established period, as well as communication with supporters inside and outside the platform and, if applicable, compensation for any damages caused to any supporter as well as the platform itself, which may arise from the action or omission of any infringing party.
5.2. When starting a project on the platform, the USER guarantees that it is in absolute compliance with Brazilian law and these Terms, and may be subject to the other provisions of this term, as well as current legislation, civil and/or criminal.
5.3. When publishing a project, CREATOR PRO is immediately authorized, at the expense and order of the project developer, to (i) manage the values of the Support; and (ii) issue receipts to the Supporters in its name, which must contain the indication of the supported Project, chosen reward, payment date, amount of the Support and personal data of the USER and the Supporter.
5.4. The USER must choose the type of project he intends to use on the platform, within the options offered by CREATOR PRO. Once the modality has been selected, the USER must describe the project to be developed in great detail, defining a scope, being able to use all means available on the platform for this purpose, including videos, texts, images, among others that exist or may come to exist. .
5.5. When creating a project, the USER must define and fulfill the requirements on the platform for it to be available for sale, taking responsibility for delivering the products offered or rewards through the digital items sold through the platform, as well as for carrying out other obligations that are linked to the traded assets.
5.6. The USER must indicate to supporters or buyers the means by which they can follow the development of the project contributed. The indicated channels should also be used for any complaints from supporters about promised rewards that have not been fulfilled within the previously agreed terms and conditions. It is also exposed that the USER must always act in good faith with their supporters and work to achieve their goals of delivery and fulfillment of promises. In case of any delays, changes or even the cancellation of the project, the USER is responsible for maintaining a quick and effective communication with its supporters.
5.7. If the USER, whether an individual or a legal entity, wants to change the information on receiving funds for the projects contained on the platform, he must notify CREATOR PRO so that, at his sole discretion, he can assess the possibility and take the appropriate replacement measures. of the relevant information. In this case, any responsibilities arising therefrom, including, but not limited to, of a legal or tax nature, will be solely and exclusively of the new person responsible for the project.
5.8. When establishing the Rewards in the Project, the Producer is aware that he assumes the obligations foreseen in article 854 and following of the Brazilian Civil Code, becoming directly and exclusively responsible for the fulfillment of his promise to the supporters.
SIXTH CLAUSE - RULES OF CONDUCT
6.1. In this item are listed the guidelines for the correct use of the platform, as well as prohibited practices in the use of the tools present in CREATOR PRO. If any of the conducts set out below are practiced in whole or in part, CREATOR PRO may, without prejudice to other applicable measures: (i) interrupt the USER's access, temporarily or permanently; (ii) cancel published Supports or Projects; and (iii) delete the registration of the User who practiced the prohibited conduct, with the retention of amounts related to damages and/or losses determined by CREATOR PRO.
6.2. The CREATOR PRO platform is intended to become fertile ground for USERS, this requires that published campaigns are transparent and that USERS responsible for them are aware of the commitments they are assuming. In this regard, USERS must:
The). Meet the criteria required for your registration in plataforma (ie, be over 18 years old, be emancipated or have a person responsible for using the platform) and have a bank account in Brazil or on the Paypal platform;
B). Propose real and well-defined projects;
ç). Provide truthful information about your campaign and supporters;
d). Present a budget on the campaign page that explains the allocation of the amount that will be used to carry out the proposed project;
and). Fully fulfill the project execution promises and delivery of rewards to its supporters;
f). Keep communication active and available in a constant, clear and transparent way with its supporters until the full delivery of the project and the rewards offered;
g). Have an unblemished and undisputed reputation by the CREATOR PRO community as a project creator and/or professional in the area in which he/she relates;
H). Declare when your Project contains nudity and/or explicit sex scenes, always in accordance with the integrity of this term.
6.3. It is prohibited to all USERS without any privilege and without prejudice to the other provisions contained in these terms:
The). Publish or disseminate Projects with content: prohibited by CREATOR PRO policies and current legislation;
B). Propose projects that have a potentially illicit scope, even if in a veiled, uncertain way or outside the present term and current legislation;
ç). Publish or disseminate projects with content that is discriminatory, hate speech, libelous, libelous, defamatory, that infringes the honor, personal or family privacy or the image of people (except with due authorization), including legal entities, that promotes the violence, disparagement based on your racial, ethnic, national origin, religion, sexual orientation, sex or gender identity, affiliation with any person or policy, socioeconomic status or the like;
d). Publish, disseminate, promote or create projects with content protected by industrial property, intellectual property and copyright or that, for any reason, violate the rights of third parties;
and). Create Projects that exploit the image, voice or name of people without proper authorization through due legal means;
f). Declare or make believe that the CREATOR PRO platform endorses the statements made by USERS;
g). Use the CREATOR PRO brand, without the express authorization of the platform;
H). Carry out projects or transactions, including financial support, that are potentially fraudulent or considered suspicious by the regulations of Law no. 9613/98 (Money Laundering Law);
i). Publish Projects that may bring negative publicity to CREATOR PRO or that harm the Platform through the detriment of its image;
j). Make use of CREATOR PRO in any way in order to obtain an illicit advantage, to the detriment of others, inducing or keeping someone in error, through any fraudulent means;
k). Create projects that use in their publicity campaign and/or explore sexual themes explicitly and unreasonably or explore shocking content, such as scenes of mutilation, violence, etc.;
l). Publish content that contains nudity and/or explicit sex scenes, without observing the provisions regarding use throughout this term;
m). Create projects whose main objective is to use CREATOR PRO to sell "packages", of photos or videos of pornographic essays in disagreement with the other items of this term;
n). Offer as rewards sexual services or pornographic sessions of any and all kinds, private or collective, in online, cloud or recorded sessions or any other that exists or was to exist;
The). Borrow without any purpose;
P). Involve products related to illicit drugs, medicines, cosmetics or weapons in the project and/or in the Rewards;
q). import and resell ready-made products.
6.4. It is not allowed to use the CREATOR PRO platform tools to offer rewards that give access to private groups for sharing pornographic material or erotic sessions of any kind.
6.5. Projects that use nudity or sexual themes need to make their artistic, journalistic, educational or political purpose clear, as long as they declare in the creation of the project that they have explicit content. The production, sale and distribution of child pornography is a crime provided for in Law nº 11829/2008. At CREATOR PRO we are committed to the rights of children and young people and will work with law enforcement if we find child exploitation material.
6.6. The CREATOR PRO platform does not tolerate projects that incite or glorify sexual violence, such as zoophilia, rape, child exploitation and sexualization. This is also valid for illustrations, animations or any other type of creation. It is also not allowed to create sexual fetishes, such as incest, necrophilia or acts that aredifficult to distinguish from non-consensual sex.
6.7. CREATOR PRO reserves the right to terminate this term, without prior notice or reason to indemnify, at its sole discretion, if the USER does not comply with the conditions of this term of use, being certain and affirmed that such termination is given freely and spontaneously by CREATOR PRO, thus not generating any jurisprudence or precedent.
6.8. Any invasion, attempt or activity that violates or contradicts the prohibitions stipulated herein will make the person responsible subject to the relevant legal actions, as well as the sanctions provided for herein, being also responsible for indemnities and reparations for any damage caused.
CLAUSE SEVEN - FINANCIAL ASPECTS, FEES AND PAYMENTS
7.1. USERS are aware and agree that all amounts intended to support projects and acquisitions of digital articles will be collected exclusively through the means of payment made available on the CREATOR PRO platform, which may include, among others, credit card, bank slip, PIX and PayPal, being these deposited in an account owned by CREATOR PRO and later duly transferred through net income.
7.2. Payment requests will be considered from the 8th (eighth) day of receipt of the request by the CREATOR PRO platform. Such payments may be made by means of credit card, bank slip, PIX and Paypal, which will be deposited in an account owned by the USER's account holder on the platform.
7.3. The User is responsible for paying all fees and taxes associated with the use of CREATOR PRO, including, but not limited to, the Total Fee, government taxes, as well as any taxes that are or will be levied on the Project or on the relationship between the Supporter and the USER.
7.4. CREATOR PRO charges a fee due to the tools made available on the platform to the USER as well as the service provided through monetary collection and other services provided, in the amount and amount of: (i) 2% (two percent) to 5% ( five percent) for digital articles in NFTS modalities regardless of the Blockchain used; (ii) 9% (nine percent) for crowdfounding and subscription services.
7.5. If the supporter does not request the withdrawal of the amounts credited to his Account within the period established in this Term of 1 (one) year from his last activity on the platform, an irrevocable and irreversible assignment of credit from the USER to CREATOR PRO will be effected, which will remain expressly authorized to dispose of it as it deems convenient, with the USER having no right to claim such sums in any capacity and at any time.
CLAUSE EIGHT - INTELLECTUAL PROPERTY
8.1. All Projects registered in CREATOR PRO must respect the intellectual property rights of third parties, in accordance with Brazilian legislation.
8.2. USERS declare that the projects displayed by them on the CREATOR PRO platform are their exclusive creation, not constituting any copyright infringement of any kind, such as trademarks, secrets, personality rights, including, but not limited to, honor , intimacy, private life and the image of people, property rights, as well as any other rights of third parties, thus observing all the protection of the legal system, in the instruments of the Copyright Law (Law nº 9.610/98) as well as the Property Law Industrial (Law nº 9.279/96) present in the Brazilian legal system.
8.3. In cases of violation of intellectual property rights, only the holders of the rights violated will be able to make complaints on the platform. Among these intellectual property rights are: (i) trademarks; (ii) patents; (iii) industrial model; (iv) industrial design; (v) copyright; and (vi) software rights. The holder of the rights may notify CREATOR PRO with the documentation that proves the ownership of the violated right.
8.4. If the alleged violation is not found, CREATOR PRO will not be obliged to arrange for the removal of the content and/or cancellation of the Project and the parties will be informed that a dispute has been instituted whose decision is beyond the prerogatives of CREATOR PRO and that the removal of the content will only be carried out by means of a court decision or agreement between the parties involved in the dispute.
8.5. On the other hand, if the violation of any rights of third parties is proven, in case of receipt of supporting documents, CREATOR PRO will have up to 10 (ten) business days to carry out an analysis. If ownership of the intellectual property right is verified, CREATOR PRO will cancel its Platform project within 7 (seven) business days.
8.6. In the case of Projects that have not yet been completed and, therefore, there was no transfer of the amounts collected, the cancellation will occur in the period mentioned above.the above.
8.7. The Filmmaker who violates the intellectual property or copyright rights of a third party will be notified by CREATOR PRO regarding the cancellation of his Project on the Platform, as well as being subject to the applicable sanction, which may be up to the definitive cancellation of his registration, the CREATOR PRO's sole discretion.
8.8. On the other hand, in the case of already completed projects in which the transfer of resources by CREATOR PRO has already been carried out, the holder/holder of the intellectual property right must directly contact the USER who created the project for possible resolutions.
8.9. The USER authorizes CREATOR PRO to use between videos, texts and content inserted on the page of the respective project for non-commercial purposes, such as, but not limited to: publicity materials for the Platform, graphic pieces, publications and videos of CREATOR PRO, registrations in public or private notices, competitions, awards and the like. CREATOR PRO is not authorized to make commercial use of this material, except in cases previously authorized between the parties.
CLAUSE NINE - DISPUTE RESOLUTIONS
9.1. Noting that CREATOR PRO has no prior curation and no responsibility for the content created, marketed, made available and/or exchanged on its respective platform, all dispute resolutions mentioned herein will be initiated and verified after the delimited complaint has been initiated by the USER.
9.2. Making a notification to the platform regarding a violation of rights is a serious matter with legal consequences that can lead, for example, to the cancellation of projects. Before sending a complaint, the USER must always remember that there are exceptions and limitations to the rights of each one. The sending of false or misleading reports about infractions may be subject to all the penalties provided for by law.
9.3. In the event of dispute or conflict between the USER(S) of the platform, whether in any way of using the same, it will be the responsibility of the USER to communicate with the offending party and also with CREATOR PRO, in order to communicate and analysis of all parties involved for the best resolution of the conflict.
9.4. In case of non-resolution of the conflict generated between the USER(S) through all the tools made available by CREATOR PRO and all due procedures have been carried out to resolve the dispute or conflict, CREATOR PRO is exempt from any and all litigation or legal dispute resulting from such dispute, leaving it exposed in this term, that the offending USER will be responsible for any and all reimbursement or indemnity that may be due, arising from the misuse of the platform as well as the bad faith of the USER.
9.5. In remote circumstances, the CREATOR PRO platform may make the personal data of the filmmakers available on its servers available to the USER in the event of a breach of this Term, as well as failure to comply with the project, or delay in delivering rewards or repeated complaints received by the company CREATOR PRO.
9.6. CREATOR PRO disclaims any liability for personal data provided by USERS if these are not sufficient to enable communication or notices of any nature between USERS and CREATOR PRO.
CLAUSE TEN - LIMITED LIABILITIES AND WARRANTIES
10.1. With the exception of articles created by CREATOR PRO itself, the platform is not responsible or guarantees the delivery, completion, performance, provision of service, rewards or other acts that are or may be linked to the articles sold on the CREATOR PRO platform by third parties.
10.2. CREATOR PRO is responsible and guarantees to make the maximum efforts to carry out the fulfillment of all its obligations contained in this term, providing the proper functioning and excellence of all its tools, functions, devices, among others, that integrate or come to integrate the CREATOR PRO platform throughout the USER's experience on said platform.
10.3. CREATOR PRO, under the terms of the applicable legislation: (i) does not curate or monitor USER projects, (ii) is not directly or indirectly responsible for the content disclosed or for the execution of the project or delivery of rewards and (iii) does not have any responsibility, direct or indirect, on the information provided by the USER. Therefore, some guarantees and responsibilities regarding the Platform cannot be attributed to it.
10.4. The functions and services made available by the platform may contain possible failures in the state in which they are found and the entire risk regarding quality, performance, accuracy and effort rests with the user. The tools and functionalities of the platform are offered without any type of express or even implied warranty, only to the extent that these guaranteesantias are legally incapable of deletion.
10.5. CREATOR PRO does not guarantee that the services offered on its platform will meet the purposes intended by the USER, nor that the platform is free of errors, interruptions or failures of any kind, such as software, applications or third-party services. The USER acknowledges that the platform may not be available or compatible with everyone, through certain means of access, due to several factors, such as software maintenance, updates, system maintenance, or even problems with the USER's network or devices. . Outages caused by viruses, denial of service attacks or any other cause beyond the control of CREATOR PRO will not be your responsibility.
10.6. CREATOR PRO is exempt from any recurring liability for any type of negligence, breach of warranty, misrepresentation as well as for any direct or indirect damage whether innocent or special, including any economic loss or any loss of purpose. CREATOR PRO only assumes the responsibilities assumed in the body of this term, not being liable for any subsidiary responsibility generated by the improper use of the platform.
10.7. The parties acknowledge that the exemption from liability present in this clause is a substantial and indispensable part of this term, which without it, CREATOR PRO would not agree to enter into if such waivers were not carried out, being certain that it is an irreversible part of this service relationship.
10.8. The Parties expressly agree that if any limitation or provision contained in this clause is deemed to be invalid under any applicable law it shall, to that extent, be deemed omitted.
10.9. In the maximum validity and extension permitted by law, under no circumstances will CREATOR PRO or companies belonging to the same economic group, affiliates, directors, employees and/or service providers be liable for any damages that may be generated from this term.
10.10. Without prejudice to the other clauses and conditions contained in this term, CREATOR PRO is not responsible for the following acts:
The). For undue and/or unauthorized access by third parties to the USER's account on the platform;
B). For any damage suffered or caused to the USER or his supporters due to failures in the platform's system or servers. The USER must keep his internet lines and connection to the internet network active, exempting CREATOR PRO for possible connection failures or fulfillment of its functions arising from poor connection to the network;
ç). For acts of God or force majeure, pursuant to article 393 of the C.D.C.;
d). For damage caused by harmful programs to the platform, exemplifying, but not limited to, viruses, trojans and hackers, malware and ransomware.
10.11. The USER agrees to defend, indemnify and keep CREATOR PRO harmless against any charges, lawsuits or demands, including, but not limited to, court costs, attorney fees, resulting from litigation arising from the misuse of the platform tools and their content .
10.12. When the USER publishes a Project in CREATOR PRO, he is proposing to other people that they sign a contract with him. Anyone who supports the Project is accepting the USER's proposal and entering into this contract, which is formed exclusively and entirely between the USERS of the platform, therefore, CREATOR PRO is not part of it. Emphasizing that, when making a support, the USER is aware that he is financing a new Project, which may undergo changes, delays or even unforeseen events that may make the execution of what was foreseen during the Campaign or even the delivery of the Rewards and that CREATOR PRO has no responsibility on these points, considering that it is only a tool to facilitate the financing of Projects between USERS.
CLAUSE ELEVEN - END OF PROJECT AND CLOSURE OF ACCOUNTS
11.1. CREATOR PRO may terminate the existing relationship with USERS, including but not limited to the cancellation of support, the cancellation of projects and the blocking of accounts, at any time, regardless of any notification or interpretation and without prejudice to other applicable measures, in case of any of the following events:
The). If Users violate any provision of this Term and the Privacy Policy;
B). For violation of provisions of any law, regulations and treaties;
ç). If so required by law or court order;
d). In case of inactivity and non-use of the platform for 1 (one) year;
and). If there is duplicity in the creation of the registration on the platform;
f). In case of fraud or any other type of misuse of the tools made available bythe platform.
CLAUSE TWELVE - FINAL PROVISIONS AND JURISDICTION
12.2. This Term constitutes an entire agreement between the USER and CREATOR PRO and replaces all previous agreements and understandings, whether oral or written, with respect to the object of this document.
12.3. If any Clause of these Terms is considered null, unenforceable or invalid, this will not affect the other provisions. The failure of either Party to enforce any provision of this Agreement will not be considered a waiver of future enforcement of that or any other provision.
12.4. This Term, responsibilities and rights contained therein, may not be assigned in part or in full by the USER, who is solely and fully responsible. The Term will be binding and will revert to the benefit of the Parties and their respective successors and assignees. Only the USER will have the right to enforce all the responsibilities assumed by him under this term.
12.5. Under no circumstances should this term be interpreted as the creation of a partnership, joint venture or any similar relationship that exists or will exist between the parties.
12.6. This Term will be governed by the laws of the Federative Republic of Brazil. Any dispute that may arise from this term or the execution of the responsibilities for this, or any controversy related to or arising from the breach of this term, such matter will be submitted to the central jurisdiction of the district of the capital of Rio de Janeiro-Rj, excluding any other, no matter how privileged.