Terms of Use
TERMS OF USE
JAPAN HOUSE SÃO PAULO
Updated on February 4, 2021
Aiming to clarify the Users’ obligations and responsibilities, Japan House São Paulo establishes, in these Terms of Use, the conditions for using the electronic address available at https://www.japanhousesp.com.br/ (“Website”) belonging to Japan House São Paulo, through which the User may access the content provided by Japan House São Paulo, such as schedules, exhibits, articles, news, images, videos, infographics, podcasts, audios, live broadcasts, experiences, and research to disseminate elements of the genuine Japanese culture to society.
These Terms of Use regulate the relationship between Users (as the term is defined below) and Japan House São Paulo. The User must read, understand, and accept all conditions set forth in the Terms of Use. If the User does not agree with all Terms of Use, he or she should not use the Website and/or Application.
1. DEFINITIONS:
1.1. For the purposes of these Terms of Use, we consider: 2.
1.1.1. Affiliates: Any and all companies controlled, directly or indirectly, by the Japan House Association, or any foundation, association or entity that has Japan House São Paulo as its maintainer.
1.1.2. Internet: System consisting of a set of logical protocols, structured on a worldwide scale for public and unrestricted use with the purpose of enabling data communication between terminals through different networks.
1.1.3. Password: Set of characters that may consist of letters and/or numbers with the purpose of verifying the User’s identity to access the / Application Website.
1.1.4. Website: Japan House São Paulo Website, through which the User accesses the content Japan House makes available.
1.1.5. Users (or “User,” when considered individually): All individuals who will use the Website, aged more than 18 (eighteen) years, or emancipated and fully capable of practicing acts of civil life or those who are absolutely or relatively incapable and are duly represented or assisted.
2. ACCEPTANCE OF THE TERMS OF USE:
2.1. By accessing the Website, the User fully agrees with and accepts the provisions of these Terms of Use.
3. BREACHES:
3.1. The User may not perform the following actions as a result of or through the use of the Website:
(i) Any unlawful act and/or breach of the current legislation;
(ii) Acts contrary to morals and good customs;
(iii) Upload, send and/or transmit any content of an erotic, pornographic, obscene, defamatory, or libelous nature or that condones crime, drug use, consumption of alcoholic beverages or smoking products, and physical or moral violence;
(iv) Upload, send and/or transmit any content that promotes or incites prejudice (including of origin, race, sex, color, sexual orientation, and age) or any form of discrimination, as well as hatred or illegal activities;
(v) Threaten, coerce, promote physical or moral constraint to other Users;
(vi) Breach third party rights;
(vii) Breach the secrecy and privacy rights of others, as well as breach of rights involving the personal data of third parties;
(viii) Acts that cause or allow for the contamination of or that harm any equipment at Japan House São Paulo and/or third parties, including by means of viruses, Trojan Horses, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created;
(ix) Any act that directly or indirectly, in whole or in part, may cause damage to Japan House São Paulo, any User and/or any third parties;
(x) Use any business name, brand, domain name, slogan or advertising expression, or any distinctive sign or intellectual property belonging to Japan House São Paulo.
4. RESPONSIBILITIES:
4.1. The User is solely liable for:
(i) Any and all acts or omissions he or she performs from his or her access to the Internet and the Website;
(ii) Any and all content he or she uploads, sends and/or transmits to the Website and/or Application;
(iii) Repairing any and all damages, direct or indirect (including arising from the breach of any rights of other users, third parties, including intellectual property, confidentiality, and personality rights), that are caused to Japan House São Paulo, to any other User, or even to any third party, including due to non-compliance with the provisions of these Terms of Use or any act practiced from their access to the Internet, the Website and/or Application.
4.2. Under no circumstances will Japan House São Paulo be liable for:
(i) Any act or omission performed and/or damage caused by the User resulting from access to the Website and/or Application;
(ii) Improper use of the Website by any User or third parties and/or for the content uploaded, sent and/or transmitted to the Website and/or Application by Users;
(iii) System failures, technical impossibilities, or unavailability;
(iv) The installation, on User or third-party equipment, of viruses, Trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other device that may be created as a result of Internet browsing by the User.
4.3. The User states to be aware that any and all content sent and/or transmitted to the Website by any User and/or third parties ("Content") in no way represents the opinion or view of Japan House São Paulo.
4.4. If the User breaches any provision of these Terms of Use or legal provision, without prejudice to other measures, Japan House São Paulo may, on its own initiative or through third parties, at any time, at its sole discretion, without the need for any prior or subsequent notice or notification to any User or third party, in any way or form, without prejudice to initiating the applicable legal measures, suspend or limit access to the Website, terminate the account of any User and/or take other measures deemed necessary for compliance with these Terms of Use and for the smooth operation of the Website, at any time.
5. INTELLECTUAL PROPERTY
5.1. The following belong to Japan House São Paulo: (i) Any and all software, applications or functionality Japan House São Paulo uses referring to the Website; (ii) the visual identity of the Website (including the graphic and visual art design used on any of its pages); (iii) the business name, brand, domain name, slogan or advertising expression or any distinctive sign it owns that is inserted on the Website, and (iv) any and all content created and produced by Japan House São Paulo, on its own or by third parties, which Users may not use, in any means or form.
5.2. If the Website allows the sending and/or transmission of Content by the User, the User grants free, non-exclusive, irrevocable, and irreversible authorization to Japan House São Paulo for it to use any and all intellectual property rights (including copyright and related rights) for any Content, sent and/or transmitted by the User to the Website, in any way or form, at its sole discretion, without any restriction or limitation of any nature. The User states and warrants that the Content does not breach the rights of third parties and that he or she secured all authorizations needed to allow its use by Japan House São Paulo.
6. TOLERANCE:
6.1. Tolerance of any non-compliance with any of the provisions of these Terms of Use by any User shall not constitute a waiver of the right to demand compliance with the obligation, nor forgiveness, nor alteration of what is set forth herein.
7. CHANGES TO ACCESS AND TO THE TERMS OF USE:
7.1. Japan House São Paulo, at any time, at its sole discretion, and with no need for prior or subsequent notice to any User or third party, may: (i) Suspend, cancel, or interrupt access to the Website and (ii) remove, alter and/or update all or part of the Website and its respective contents and/or Terms of Use. Any changes and/or updates to these Terms of Use will take effect from the date they are posted on the Website and must be fully observed by Users.
8. LEGISLATION AND JURISDICTION:
8.1. These Terms of Use are governed in accordance with the Brazilian law. Any disputes or controversies arising from any acts practiced in connection with the use of the Website by Users, including in relation to non-compliance with the Terms of Use or to the breach of the rights of Japan House São Paulo, other Users and/or third parties, including intellectual property, confidentiality, and personality rights, shall be resolved in the District of the Capital of the State of São Paulo.