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Terms & Conditions of Use

OZ PRODUTORA PRODUÇÕES AUDIOVISUAIS E COMUNICAÇÃO LTDA.

Last updated on February 10, 2023

In compliance with: European Directive 94/96/EC; “Protection and Electronic Documents Act” – PIPEDA; Brazilian Federal Constitution (1988); Bill 181 of the Brazilian Federal Senate; Habeas Data Law (1997); Consumer Protection Code (1990); Access to Information Law (2011); Positive Credit Registry Law (2011); Brazilian Internet Civil Framework (2014); General Data Protection Regulation (GDPR) – 2016/679 and the Brazilian General Data Protection Law – Law 13,709/18.

INTRODUCTION

This document (“Terms of Use”) sets out the conditions and guidelines for the use of the services offered through the WEBSITE developed by and belonging to OZ PRODUTORA PRODUÇÕES AUDIOVISUAIS E COMUNICAÇÃO LTDA. (“OZ PRODUTORA”), a private legal entity, registered with the Brazilian CNPJ under No. 05.397.945/0001-02, established at Passeio dos Flamboyants, No. 60, Edifício Triade, Parque Faber Castell I, city of São Carlos, state of São Paulo, CEP: 13561-352 (“OZ PRODUTORA” or “we”).

By using the services we offer, namely (a) management and maintenance of the WEBSITE, (b) USER support and (c) sale of services and products, you enter into a contract with us and assume the rights and obligations set out throughout these Terms of Use and our Privacy and Data Protection Policy.

You must carefully read these Terms and Conditions of Use, in full, before submitting your data on the WEBSITE, since the use of our services implies your full agreement with the provisions contained herein. If you do not agree with any provision of this instrument, do not use the services.

Questions should be addressed through our support channel via e-mail contato@ozprodutora.com.br, this being the only appropriate channel for sending a request or inquiry to the support team.

1. DEFINITIONS

The following definitions apply to this document:

ADHESION

Means the agreement and consent of the USERS to the terms and conditions of this instrument, through the provision of data, submitted via form, through OZ PRODUTORA's website;

PARTY(IES)

Means OZ PRODUTORA or the USERS, when referred to individually or jointly, respectively;

TERMS, TERMS OF USE OR INSTRUMENT

Means these General Terms and Conditions of Use of OZ PRODUTORA's website;

PRODUCT(S)

Means the product or group of products of an audiovisual nature to be sold by OZ PRODUTORA to the USER;

SERVICE(S)

Corresponds to the support and relationship services provided by OZ PRODUTORA to enable consulting in the audiovisual field, as well as the management and maintenance services of the WEBSITE;

USER(S)

Natural or legal persons with access to the functions of the WEBSITE, who are interested in making contact and/or requesting quotes for the potential provision of consulting services by OZ PRODUTORA;

WEBSITE

OZ PRODUTORA's electronic address, namely https://ozprodutora.com.br/, directed at the provision of the services covered by this instrument;

QUOTE

Feature that allows the user to contact OZ PRODUTORA directly.

2. OBJECTIVES

OZ PRODUTORA is a company providing services related to strategy consulting for the creation of audiovisual solutions. Accordingly, the main objective of these TERMS is to regulate the use of the services offered on OZ PRODUTORA's WEBSITE, namely: creation of audiovisual solutions for the USER, production and delivery of materials for exhibition, and monitoring of the impact generated by the product on the platforms where it is broadcast.

In addition, through the WEBSITE, the USER may contact OZ PRODUTORA to obtain information and clarify questions, as well as submit an e-mail address to receive news.

3. INITIAL CONSIDERATIONS

The USER automatically adheres to and agrees to fully submit to these OZ PRODUTORA Terms of Use upon expressing their electronic acceptance, which may occur in the following ways:

  • By clicking the “I WANT TO SUBSCRIBE!” button in the “OZ NEWSLETTER” pop-up
  • By clicking the “SEND” button on the “QUOTE” page

This instrument will be the main one governing the relationship between the USER and OZ PRODUTORA, without preventing other negotiations from taking place on a subsidiary and subsequent basis. Acceptance of these Terms of Use is essential for the USER to be able to use the features described in this document.

Acceptance of these Terms implies a declaration of knowledge of all their provisions and clauses, without exceptions. Acceptance will only be full and complete, being an express declaration. If the USER disagrees with any of the provisions, they will have full freedom not to use the WEBSITE or to cease using it.

It is therefore not possible to claim ignorance of any of the obligations set out herein.

In the event of changes to this document, repeated use of and access to the WEBSITE will signify consent to be bound by the new provisions.

4. CONTACT AND DATA PROTECTION

In order for the USER to make and complete a quote on OZ PRODUTORA's WEBSITE, it will be mandatory to fill out the contact form on said website.

The USER declares and warrants that all information provided is accurate, true, legitimate and lawful, and is responsible for updating their registration information whenever any change occurs — thereby preventing in advance any damage that could be caused by the flawed entry of information on the WEBSITE.

OZ PRODUTORA may, at any time, suspend, cancel or even refuse contact from a USER, even if previously accepted, in cases of non-compliance with the rules and policies of this Instrument or inaccuracy of the information provided.

For greater security of the information provided, the USER undertakes to comply with the security policies established by OZ PRODUTORA, as well as to make contact only through the use of secure and reliable means.

In the event of loss, theft, misplacement or suspected improper and/or unauthorized use of their means of contact, such as mobile phones, computers, tablets or similar devices, the USER must notify OZ PRODUTORA immediately, which will block the respective CONTACT until it identifies the best way to resolve the problem.

OZ PRODUTORA does not request passwords or financial information from its USERS by e-mail, WhatsApp or any other means, under any circumstances.

The information stored on the WEBSITE may be used for future contacts on OZ PRODUTORA's WEBSITE, and the USER may at any time request the permanent deletion of this data. It is understood that the USER's data will be processed in accordance with applicable data protection laws and as described in our Privacy and Data Protection Policy.

The USER may request that OZ PRODUTORA allow them to exercise their rights as a personal data subject by sending an e-mail to privacidade@ozprodutora.com.br.

5. USER RIGHTS AND DUTIES

The USER must have full legal capacity to use the features of the WEBSITE, that is, they must be 18 (eighteen) years of age or older and not fall into any cases of reduced legal capacity that could harm the relationship established between the parties. If any inconsistency is found regarding the USER's capacity, their access to the aforementioned features may be suspended or cancelled.

Once on the WEBSITE, the USER will be responsible for the choice of means of contact, as well as for the costs incurred with telephone, mail or other means of communication to contact OZ PRODUTORA.

The USER must respect the duties arising from objective good faith, addressing OZ PRODUTORA with courtesy and contributing with the reporting of correct and accurate information.

It is the USER's duty to respect these Terms and to act in accordance with the provisions of the Privacy, Data Protection and Cookie Policies.

The USER must refrain from any conduct of an intentional nature that could cause harm or damage to other USERS, to OZ PRODUTORA or to third parties involved.

Furthermore, the USER may not use the WEBSITE to:

  • Instigate, threaten, offend, damage the image of, violate the privacy of, or harm others;
  • Alter and/or copy files, or obtain passwords and third-party data without prior authorization;
  • Disrespect the law, morality, good customs, copyright and/or industrial property rules, the rights to honor, private life, image, and personal and family intimacy;
  • Incite the practice of discriminatory acts, whether on the basis of sex, race, religion, beliefs, age or any other condition.

The USER will be liable for any fraud committed by themselves or by third parties linked to them, in virtual or physical media, for negligent or intentional acts or omissions, or arising from the violation of any conditions established in these Terms of Use.

The USER will indemnify OZ PRODUTORA for any claim arising from their activities on the WEBSITE, from their non-compliance with these Terms and other Policies, or from the violation of any law or third-party rights, including, at their own expense, the corresponding attorney's fees.

6. OZ PRODUTORA'S RIGHTS AND DUTIES

OZ PRODUTORA will not be responsible for the improper use of its WEBSITE, nor for any losses and damages suffered by USERS as a result of such improper use, and the USER agrees to hold OZ PRODUTORA free from any burden or liability arising from claims related to such use.

OZ PRODUTORA may withhold or refrain from completing services if, at its discretion, it verifies the possibility that fraud or other crimes are being committed, in virtual or physical media, related to the USERS.

OZ PRODUTORA will use its best efforts to combat fraud and other crimes, providing for the installation and use of tools aimed at combating crimes in connection with the use of the WEBSITE.

OZ PRODUTORA may, at any time, alter, adapt or remodel the content, features, tools, layout, drawing, plan, scheme, form or design of the WEBSITE, for its organization and management.

OZ PRODUTORA will collect, through the tools made available on the WEBSITE, the information necessary to carry out the operations performed by the USERS, so that the SERVICES can be fully executed.

OZ PRODUTORA is not responsible for any damage, harm or loss suffered by the USER due to failures in the internet, in the system or in the server used, or those arising from the conduct of third parties, acts of God or force majeure. It will also not be responsible for any virus that may attack the user's equipment as a result of accessing, using or browsing the internet, or as a consequence of the transfer of data, files, images, texts or audio.

7. TERMINATION OF THE CONTRACT

This instrument will remain in force for an indefinite period and will take effect on the date of acceptance, by OZ PRODUTORA, of the ADHESION made by the USER to the WEBSITE.

Either party may terminate this contract if the other: a) Violates any clauses and/or conditions established in this Contract; b) Provides false or untrue information, documents or data;

The provisions of these Terms of Use shall not be interpreted as granting any right, license or title over patents, technologies, trade secrets, trademarks, copyrights, databases, products or any intellectual property rights of OZ PRODUTORA, which retains full ownership over such assets, except in relation to what is expressly provided for in this Instrument.

The obligations set out in this clause will remain in force after the end of the term of this Instrument, for any reason, for as long as the protection by intellectual property rights lasts or until they fall into the public domain, whichever occurs last.

The use by USERS of third-party images, trademarks or industrial property rights, as well as the commercialization of any PRODUCT that violates third-party rights, will result in the cancellation of the USER's registration in OZ PRODUTORA's databases obtained through contact made via the WEBSITE, without prejudice to the assessment of losses and damages to be paid by the USER.

The PARTIES mutually declare that all items linked to the intellectual property of any of the products in which they become involved, for the purposes of these services, will be treated with due respect for their owner, and they may not demand participation, ownership, use, enjoyment or fruition over them, except if previously authorized in a specific private instrument.

9. OFFICIAL COMMUNICATION CHANNEL

Communications and notifications related exclusively to these TERMS OF USE will be made through the contact tool via e-mail contato@ozprodutora.com.br or via the telephone number made available on the WEBSITE. It is agreed between the PARTIES that such forms of communication will be sufficient for the purposes of these TERMS, except when otherwise expressly stipulated by law.

OZ PRODUTORA will use its best efforts to respond to the USER who gets in touch about matters related exclusively to these TERMS, with a minimum period of up to 10 (ten) calendar days to satisfactorily respond to USERS, since resolution may vary depending on the complexity and extent of the issue.

10. GENERAL PROVISIONS

Without prejudice to the other clauses and conditions contained in these Terms of Use, OZ PRODUTORA will not be liable for infringement and/or non-compliance with any legislation applicable to the USER in their operations or activities. In the event that OZ PRODUTORA suffers or bears any loss and/or damage, due to the USER's fault or intent, the USER will be required to reimburse the respective amounts, including, but not limited to, expenses related to administrative and/or court costs, fees, charges and attorney's fees, duly adjusted in accordance with the variation of the Brazilian broad consumer price index — IPCA, or another index that may replace it, if discontinued.

The USER acknowledges that OZ PRODUTORA will comply with applicable municipal, state and federal legislation and regulations in force with respect to the operations carried out by the USER.

Any tolerance, delay or abstention by the PARTIES in exercising any right arising from this Instrument or from the law will not imply waiver, novation or tacit amendment of this agreement. Any modification will only be valid if made in writing.

These Terms of Use bind the PARTIES and their successors, in any capacity.

11. SEVERABILITY OF PROVISIONS

The nullity, invalidity or unenforceability of any provision or clause of this Instrument does not affect or invalidate the others, and the clause declared null, invalid or unenforceable must be replaced by another that leads the parties to a result as close as legally possible to the one originally intended from an economic and legal point of view.

12. CHANGES TO THE TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use may be changed at any time and, whenever any modification occurs, repeated use of the WEBSITE will be interpreted as consent to the provisions and changes to this document.

If the USER does not agree with the new Terms of Use, they may reject them by getting in touch via the e-mail contato@ozprodutora.com.br and requesting the cancellation of the CONTACT channels.

13. TERM OF VALIDITY

These Terms of Use, together with the Privacy and Data Protection Policy and the Cookie Policy, will remain in force for an indefinite period, and OZ PRODUTORA may, at any time and to any extent, amend them unilaterally to adapt them to current legislation.

The latest version will be indicated at the beginning of this document, which will be the Terms in force.

14. FINAL PROVISIONS

The USER declares to be aware of and in agreement with all the clauses set out above.

This Document is complemented by OZ PRODUTORA's Privacy and Data Protection Policy and Cookie Policy, and must be interpreted together and in harmony with these documents.

These documents were written separately only to facilitate the understanding of the personal data subject.

All these documents are based on the principles of good faith and transparency.