When contracting the services provided by the CONTRACTED PARTY described below, the CONTRACTING PARTY declares to have read, understood, and fully accepts all the terms and conditions set forth herein, as well as all other information on the website “autorali.com”, under the headings: “Home ” and its button “View Details”, “About Us”, “Legislation”, “Frequently Asked Questions”, “Contact”, including those from their respective links.
THE PARTS
These general terms and conditions, hereinafter referred to as GENERAL CONDITIONS, regulate the provision of services by:
CONTRACTOR: APOLO SERVIÇOS EM PROPRIEDADE INTELECTUAL LTDA, CNPJ 28.865.656/0001-96, administrator of the website “autorali.com”.
CONTRACTING PARTY: The user of the service, who claims to be: A civilly capable person, over 18 (eighteen) years of age; Not having any legal impediment or against third parties to comply with the present; If you are representing a minor, you have the legal right to do so, and to comply with all the obligations described herein in these GENERAL CONDITIONS. The CONTRACTING PARTY also states that he is aware of the copyright laws in Brazil and abroad and has had the opportunity to consult an independent professional opinion to clarify any doubts relevant to the matter and about the use of the services offered by the CONTRACTED PARTY.
OF THE OBJECT
The purpose of the provision of services by the CONTRACTOR is to provide evidence on the declaration of authorship of the CONTRACTING PARTY on the material presented by him. The generation of this evidence is done through the digital signature of APOLO SERVIÇOS EM PROPRIEDADE INTELECTUAL LTDA, or one of its directors, employees or attorneys, with a time stamp on the computer file sent by the CONTRACTING PARTY. This signature may be applied to the file itself sent to the CONTRACTOR by the CONTRACTING PARTY, as well as to a separate document in PDF or similar format, generated by the CONTRACTED PARTY, which brings unambiguous information about the original file (Hash Code ).
The original computer file, sent by the CONTRACTING PARTY, and/or the aforementioned PDF file, digitally signed by the CONTRACTED PARTY, the parties agree to call simply “author registration” or simply “registration”.
The CONTRACTING PARTY understands that the services provided by the CONTRACTOR, for the protection of title to its work, do not have a constitutive nature of law, but rather that, in accordance with their correct use, they generate presumed right of authorship over an intellectual work in accordance with the laws in force in Brazil and international conventions, laws and conventions which are fully known and understood by the CONTRACTING PARTY. The copyright registration provided by the CONTRACTOR is not and does not include the registration of the work with any other public or private institution. This is a private record made by you, through the tools made available on the website “autorali.com” by the CONTRACTOR.
When providing the services, the CONTRACTOR does not become the holder of any rights inherent to the CONTRACTING PARTY and does not become in any way legally responsible, employee, employer, agent of the CONTRACTING PARTY or its intellectual work.
The services provided by the CONTRACTOR were developed taking into account Brazilian laws and the Berne Convention. If the CONTRACTING PARTY is not of Brazilian origin, he/she must first consult the legislation of his/her country and verify if his/her country is part of the aforementioned convention, and only then make use of these services, at his/her sole risk.
SERVICES PROVIDED
3.1 – The CONTRACTOR may request prior registration of the CONTRACTING PARTY, in order to provide forms and/or other forms so that it can calculate the value of the service to be provided. The size of the file to be sent, among other factors, may be taken into account when calculating this value. When calculated, the CONTRACTED PARTY may send to the CONTRACTING PARTY, directly or through agents, by e-mail, post or other forms, a charge containing a slip and or other available payment methods. This charge does not generate a payment obligation on the part of the CONTRACTING PARTY, unless otherwise agreed between the parties. This charge, calculation or information on the payment to be made by the CONTRACTING PARTY in favor of the CONTRACTED PARTY, the parties agree to call “payment guide”.
3.2 – After receiving the payment of the “payment slip”, the CONTRACTOR shall issue and send, via e-mail, the CONTRACTING PARTY’s copyright record, in addition to other information that may be relevant. This email may contain the copyright record attached or indirectly, through a link where the CONTRACTING PARTY may, by clicking, be directed to download the relevant files. The CONTRACTED PARTY may offer other complementary or alternative forms of delivery, such as printing and mailing a printed Certificate, flash drive, CD-R, or similar.
3.2.1 – The period for this issue and delivery will generally be up to five working days, a period that may vary according to the technical conditions available, but not exceeding thirty days. In the event that these thirty days are exceeded, the CONTRACTING PARTY will have the option to wait for a longer time or must notify the CONTRACTED PARTY, so that it cancels the issuance and sending of the copyright registration, and returns the amount referring to the CONTRACTING PARTY.
3.3 – The way of sending the computer file with the CONTRACTING PARTY’s work, in addition to any other information, such as the CONTRACTING PARTY’s work and author data, as well as other particularities, must necessarily follow the information and procedures described on the CONTRACTING PARTY’s website. CONTRACTOR The sending of material or information by other means does not generate any obligation on the part of the CONTRACTOR, which may decide for the simple and definitive disposal of the material and/or information.
3.4 – In this instrument, “services provided” by the CONTRACTOR are understood only as described in these GENERAL CONDITIONS, for which remuneration of a financial nature will be charged, not to be confused with any gratuities, temporary or that may eventually extend in time, promotions of any nature, any additional services provided or gifts sent by the CONTRACTOR and/or its partners. Unless otherwise provided by the CONTRACTOR, any other services provided are free of charge for its users and not subject to refunds or warranty of any kind.
PAYMENT
4.1 – Unless otherwise expressly provided by the CONTRACTOR, the amount to be paid for the provision of services must be observed in accordance with the payment guide.
4.2 – The form and procedure for payment must comply, mandatorily, with the description on the website owned by the CONTRACTOR or by e-mail sent by it directly or by its payment administrator. Any other form of payment that the CONTRACTOR does not expressly accept will not generate any type of obligation on the part of the CONTRACTED PARTY, and the CONTRACTOR is also entitled to return any amounts, deducted from taxes or administrative, banking, or any other nature.
4.3 – Failure to pay the payment slip within the due date may result in one, several, or all of the following hypotheses, at the CONTRACTOR’s sole discretion: Sending a new charge and/or notice to the CONTRACTING PARTY; The characterization of withdrawal in obtaining the copyright registration and the consequent definitive disposal of the material sent;
4.4 – In the event of a recurrence of non-discharge of payment slips, by the CONTRACTING PARTY, whenever the CONTRACTED PARTY deems that such recurrence may be causing damage of any nature, it may also proceed with one, several, or all of the following hypotheses: suspension of the CONTRACTING PARTY’s user account on the CONTRACTED PARTY’s website, in all or any of its features; The cancellation of the CONTRACTING PARTY’s account; The refusal to open a new user account of the CONTRACTING PARTY on the CONTRACTED PARTY’s website. This, without prejudice to the possibility of adopting other measures provided for in the Brazilian legal system.
4.5 – The payment slip generated by the CONTRACTOR may take into account, as one of the variables responsible for calculating its value, the size of the file to be sent by the CONTRACTING PARTY for copyright registration. If, after paying the payment slip, the CONTRACTING PARTY sends a file of a smaller size than the one previously informed by him, any type of proportional refund, pending credit or similar, against the CONTRACTED PARTY will not be applicable. In the opposite situation, where the CONTRACTING PARTY sends the CONTRACTOR a larger file than the one previously informed, the CONTRACTED PARTY is entitled to proceed with the performance of the service and ask the CONTRACTING PARTY for a proportional complementation of the amount paid, decide to disregard such difference or cancel the performance of the service.
RESPONSIBILITY
5.1 – The CONTRACTING PARTY, when sending its computer file through the system provided by the CONTRACTED PARTY, claims that this material sent is a faithful representative of its original creation.
5.2 – The CONTRACTING PARTY understands that the content of his work, as well as the veracity and accuracy of the information referring to it, as well as his personal information, are his full responsibility and that any inaccuracy, inaccuracy or omission can cause addiction and harm, or even render totally invalid your copyright registration. Both the content and information about the work and the author will not depend on verification by the CONTRACTED PARTY, being normally processed automatically.
5.3 – The CONTRACTING PARTY, when sending his work, declares that it is an original work of his authorship, which he believes to have creative, innovative or unprecedented characteristics to be protected by national laws and international treaties to which Brazil is a part, in reference to copyright with regard, in particular, to Law No. 9,610/98 and the Berne Convention. They do not fit the claim to safeguard any other rights, as well as those of industrial property, governed by a separate law and which has a specific body and procedures defined by its own regulations. The CONTRACTING PARTY still states that it is not violating the rights of third parties and that it has all the necessary authorizations to comply with the present. Therefore, the CONTRACTING PARTY exempts the CONTRACTED PARTY and assumes full responsibility for any consequences, damages or losses, judicial or extrajudicial, arising from the content of its work and the provision or omission of information, either about said work or about personal and third parties, being fully liable for any damage caused to third parties or the CONTRACTOR, including attorney’s fees.
5.4 – The CONTRACTED PARTY reserves the right, regardless of any prior notice to the CONTRACTING PARTY, to delete at any time or even not to process the CONTRACTING PARTY’s copyright record if there is a suspicion that the file sent by the CONTRACTING PARTY contains a virus or similar, that results in technical difficulty, or that, through a denunciation, provision or legal determination, or that, in the CONTRACTED PARTY’s free understanding, may be offensive or harmful to the CONTRACTED PARTY or to third parties in good faith. In these cases, the CONTRACTOR will not refund any amount eventually paid by the CONTRACTING PARTY, even if the CONTRACTOR claims or even proves that it is an involuntary act or error of any nature, and the person responsible is still subject to the penalties provided for by law.
5.5 – The CONTRACTOR will not disclose any data of the CONTRACTING PARTY to others, however privileged it may be, except in cases of permission by the CONTRACTING PARTY or a legal determination from a competent authority.
5.6 – It is up to the CONTRACTING PARTY to electronically file, securely and with backups, the e-mail sent to him by the CONTRACTOR, including any attachments or files that can be obtained through the links included therein, which contain his copyright record, as well as maintain in safety, absolutely unaltered and also with backups, the original file that was sent by him to the CONTRACTED PARTY’s website for the issuance of the related registration.
5.6.1 – In the event that the email sent by the CONTRACTOR to the CONTRACTING PARTY with its copyright record contains a link so that its copyright record can be downloaded, or any other file, the CONTRACTING PARTY understands that this link may have a deadline to be used . In the absence of notice informing until when this link can be used, it is agreed between the parties 30 calendar days, counted from the date of sending the e-mail. After these 30 days, or the period informed in the email, whichever occurs first, the CONTRACTOR is no longer obliged to provide the copyright record or any related files. In this case, the CONTRACTING PARTY may request the availability of the copyright record or any files again for an additional budget.
5.7 – The CONTRACTING PARTY is responsible for making the correct use of the services and systems provided by the website, keeping your contact email and your personal data always up to date and accurate, making constant and periodic consultations to your email inbox , including SPAM or Junk E-mail folders, folders or secondary tabs and the like, and when the CONTRACTED PARTY sends any electronic message to the CONTRACTING PARTY, the CONTRACTING PARTY is considered to be aware. The CONTRACTING PARTY undertakes to pay special attention to the correct completion of the information on the personal document in the Profile, before submitting their works for registration through the CONTRACTED PARTY’s website.
5.8 – If the CONTRACTOR fails to check all the folders of its electronic mail, even if it believes that it is a failure of its email provider or of the program used to organize its messages, the CONTRACTOR will not be held responsible for any damages or damages of any nature suffered by the CONTRACTING PARTY. In particular, the CONTRACTING PARTY undertakes not to use social media on the internet, sites such as ReclameAqui.com.br, YouTube, Facebook, WhatsApp or any other form, virtual or physical, as a way of pointing out what it believes to be flawed or incompetence in the provision of services by the CONTRACTOR without first sending an email and waiting for contact for at least thirty days.
5.8.1 – In the event of this type of public manifestation that, in any way, denotes or may bring discredit to the CONTRACTED PARTY, which may prove to be the result of the CONTRACTING PARTY’s failure to check all its emails, the CONTRACTING PARTY is liable for indemnifying the CONTRACTED PARTY immediately and automatically, in the amount of a minimum wage in force at the time of the event, in favor of the CONTRACTED PARTY. The collection of this amount can occur immediately through online collection, sending a slip or otherwise, according to the CONTRACTOR’s preference, without prior notice to the CONTRACTING PARTY. This charge does not affect the CONTRACTED PARTY’s right to proceed with the claim for compensation for moral damages, losses and damages and any damages also judicially. In order to avoid this type of problem, the CONTRACTOR declares that he is aware that the CONTRACTOR points out the following email providers as free email servers with the highest incidence of failures: Hotmail.com, Outlook.com and Live.com . Therefore, the CONTRACTING PARTY, if possible, must avoid using these providers’ e-mail accounts or, when using these providers, redouble their attention to SPAM, Junk, secondary folders and similar folders.
5.9 – The CONTRACTING PARTY is responsible for keeping his password safe and for never allowing anyone else to have knowledge or use it for any purpose, committing to notify the CONTRACTOR immediately if he notices any misuse or suspicious activity, still paying full and solely responsible for the use that third parties may make of your password.
5.10 – The CONTRACTING PARTY will not attempt to access restricted, private or administrative areas, systems, or any areas of the website unless expressly permitted by the CONTRACTED PARTY, who will take legal action against those who illegally violate this provision. The CONTRACTING PARTY agrees to indemnify the CONTRACTED PARTY, if actions violate this instrument and bring damage, failure or interruption of the services provided by the CONTRACTED PARTY. The same applies if any messages or files (including the file itself sent for copyright registration), intentionally or not, carry a virus or any characteristic that may cause direct or indirect damage or loss to the CONTRACTED PARTY or to third parties.
5.11 – The CONTRACTING PARTY understands and reaffirms that the CONTRACTOR is the owner of the rights to the functionality, concept and services provided through its website. These rights are protected by national and international intellectual property laws, and the CONTRACTING PARTY agrees that it shall not, in whole or in part, copy, reproduce, base on, modify or create derivative works from any of the services, systems, functionality and concept. from the CONTRACTED PARTY’s website. The CONTRACTED PARTY’s intellectual property rights do not include the rights of partners and third parties whose services and content contribute to the CONTRACTED PARTY’s activities, services and content. Among the CONTRACTOR’s intellectual property items are, without prejudice to any others:
5.11.1 – The services developed and offered by the CONTRACTOR, such as the issuance of the copyright registration.
5.11.2 – All mechanisms, systems and devices on the website that witness and certify the declaration of composers who claim to be authors of works, since they form an innovative way of protecting authors’ rights.
5.11.3 – The “Author Registration Certificate©”, as well as if another denomination is used for the document, such as a certified electronic document, digitally signed and with a time stamp, which bears the identification of its author and the unmistakable description of a file representing your intellectual work.
5.11.4 – The computer program or process, which is the exclusive property of the CONTRACTOR, which generates the Copyright Registration Certificate©, as well as if another denomination is used for the document.
5.12 – Unless expressly authorized by the CONTRACTOR, the CONTRACTING PARTY may not transfer, delegate or substitute to a third party, in whole or in part, these GENERAL CONDITIONS, as well as their rights and obligations generated from their consent to this instrument.
WARRANTY
6.1 – The CONTRACTING PARTY understands that the guarantees offered by the CONTRACTOR are limited to the services described in this instrument, and that other guarantees do not derive from them. Once the CONTRACTING PARTY declares that he has read and understood, among others, the texts “Home” and its button “See Details”, “About Us”, “Legislation”, “Frequently Asked Questions”, “Contact”, including those from his respective links, the CONTRACTING PARTY knows that the CONTRACTOR could never and effectively does not guarantee that the copyright record is irrefutable proof of authorship, even because such a guarantee cannot be made by any body, public or private, nor does it guarantee that only by using the CONTRACTED PARTY’s services will the CONTRACTING PARTY be able to succeed in any judicial or extrajudicial dispute concerning the rights to its work. In this way, the CONTRACTED PARTY, its partners, agents and subsidiaries, remain exempt from any civil or criminal liability, and also remain exempt from indemnifying, in part or in full, the CONTRACTING PARTY, any of its users or third parties in good faith, who may eventually to suffer any losses arising from copyright, judicial or extrajudicial issues.
6.2 – The guarantee offered by the CONTRACTOR is exclusively limited to returning the exact amount paid to it by the CONTRACTING PARTY, only in the event that the CONTRACTED PARTY does not, under its sole and direct responsibility, issue and make available or send the “Certificate Easy Authorship Registration”, as well as if another denomination is used for the document, within a period of 30 (thirty) days from the date of submission of the file by the CONTRACTING PARTY and the effective payment of the payment slip.
6.3 – The website and services offered by the CONTRACTOR are offered “as is”, and always in accordance with the technical availability of the CONTRACTED, the provider, communication systems, and other third parties on which the CONTRACTED depends, directly or indirectly, for provide and perform their services and, unless otherwise stated herein, are devoid of any guarantees.
6.4 – The CONTRACTOR does not have the means and effectively does not guarantee the integrity of any files or information sent by the CONTRACTING PARTY. The CONTRACTOR requires the CONTRACTING PARTY to always have backups of its files, certificates, e-mails and information, and the CONTRACTING PARTY assumes the sole and total risk for the eventual loss of them.
GENERAL PROVISIONS
7.1 – Any changes to the name of the site, its domain, presentation, improvements and visual and content updates do not invalidate, in whole or in part, the provisions of this instrument.
7.2 – The provision of the services contracted herein complies with Brazilian legislation.
TERMINATION OF CONTRACT
This contract ends, unless otherwise agreed by both parties, after one year from the date of sending the work from the CONTRACTING PARTY to the CONTRACTED PARTY.
FORUM
The parties elect the Forum of the District of Florianópolis, Santa Catarna, to the detriment of any other, however privileged it may be, to resolve any doubts arising from this instrument.
VIOLATIONS
Information about violations or misuse of the services provided by this site can be addressed to: global@autorali.com
- GENERAL PROVISIONS
In order for this record to remain valid, it is the sole and exclusive responsibility of the user of this system to keep the source file (digital file where the work is recorded) in a safe place. Any change in the source file, even changes in the file name, will invalidate the certificate generated by the Autorali® system. This document proves, by applying the hashcode technology (SHA 256), Stamp of Time and ICP-Brasil Digital Signature, that the aforementioned person declared himself the author of the aforementioned work. Any inconsistency as to the authorship of the work declared above is the sole responsibility of the declarant and if false, they may constitute a crime in some countries.
