2.1 User Account.
Before your first use and your first use of the Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is difficult to guess and consists of letters, numbers, and symbols. You may only use the Software through your User Account. You are solely responsible for all activities carried out through your User Account. To prevent unauthorized use, you must keep your password confidential and must not share it with third parties or use it to access third-party websites or services. If you suspect that someone knows your password, change it immediately to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for passwords or other data. The “Checkitout!” is not responsible if you fail to comply with the obligations set out in this paragraph 2.1.
2.2 Lawful Use:
You are required to use the “Checkitout!” Software, Products and Websites in accordance with the laws of your locality. In some countries, there are restrictions on the download and use of the “Checkitout!” Software, Products and/or Websites. It is your responsibility to ensure that you are legally permitted to use the “Checkitout!” Software, Products and/or Websites. in your locality.
2.3 Prohibited Use:
(a) intercept or monitor, damage or modify any communication that is not intended for you;
(b) use any type of spider, virus, worm, Trojan horse, time bomb or any other code or instructions that are intended to distort, erase, damage, emulate or disassemble the Software, Products, "Checkitout!" Websites, communication or protocols;
(c) send unsolicited communications (also called ‘SPAM’, ‘SPIM’ or ‘SPIT’) or any communication not permitted by applicable law, or use the “Checkitout!” Software, Products or Websites for purposes of "phishing" or "pharming" or, also, to impersonate another person or entity or to misrepresent yourself in association with another person or entity;
(d) exposing third parties to material that is offensive, harmful to minors, indecent or otherwise objectionable;
(e) use the “Checkitout!” Software, Products or Websites to cause or attempt to cause embarrassment or discomfort to others, or to threaten, harass or invade the privacy of others; or
(f) use (including as part of your user ID and / or profile image) any material or content that is subject to any third-party proprietary rights, unless you have a license or permission from the owner of those rights; or
(g) collect or capture any personally identifiable information, including account names, Software, Products or Websites from “Checkitout!” ;
(h) affect or attempt to affect the availability of the “Checkitout!” Software, Products or Websites , for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including, but not limited to, robots, spiders or offline readers that access the “Checkitout!” Software, Products or Websites. Notwithstanding the above, you agree that “Checkitout!” grant operators of public search engines permission to use spiders to copy material from the “Checkitout!” website for the sole purpose of creating indexes of the materials for public search, but not caches or files of those materials. The “Checkitout!” reserves the right to revoke these exceptions at any time.
2.4 User Submitted Items.
Act with respect when participating in any feature of the “Checkitout!” Websites or Software, such as Forums, Blogs, e-mail functions, video hosting, sharing and / or publishing or any other function on the “Checkitout!” Websites or the Software that allows you to post, upload, edit, host, share and / or publish content. You acknowledge and agree that: (i) when using the “Checkitout!” Websites and / or Software, you may be exposed to content that you may find offensive or indecent, and you do so at your own risk; (ii) you are solely responsible, and the “Checkitout!” assumes no liability to you or any third party for any User Submitted Items that you create, send, post or post on the “Checkitout!” Websites or through the Software; (iii) “Checkitout!” does not guarantee confidentiality in relation to Items Sent by the User, regardless of whether they are published or not; (iv) the “Checkitout!” is not responsible for any Items Submitted by the User that you may have access to through your use of the “Checkitout!” Websites or Software, and all Items Submitted by the User are the responsibility of the person originating the referred Items. The “Checkitout!” does not endorse any of the Items Sent by the User or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability related to the Items Sent by the User.
In relation to your User Submitted Items, you represent and warrant that:
(i) own or have the necessary licenses, rights, consents and permissions to use and authorize "Checkitout!" to use all copyrights, trademarks, trade secrets, patents and other intellectual property or exclusive rights relating to each and every Item Submitted by the User in accordance with these Terms; and
(ii) you have the written consent, authorization and / or permission of each and every person individually identifiable in the User Submitted Item to use the name and / or likeness of any and all individuals in the User Submitted Item to allow their inclusion and use as provided in these Terms. You will not copy, publish or use text, photos, music, sounds, images or any other third party content or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property law and owners of intellectual property rights in such content may object to its use. You will not use any Third Party Content without first obtaining the consent of the owner of the intellectual rights in such content.
You cannot send or publish through the “Checkitout!” Website or Software any Items Submitted by the User that are libelous, defamatory, pornographic, harassing, hateful, invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to minors or that are an infringement of any intellectual rights or trade secrets of third parties or that otherwise infringe the rights of third parties or that give rise to civil or criminal liability.
In addition, you may not send or publish User Submitted Items that are lying or misleading, that request money or services, that contain advertising material, promotional material, unwanted correspondence, spam, chain letters or any form of solicitation that simulates the identity of third parties or include programs with viruses or any other program designed to impair the functionality of any computer. You agree not to make offers for commercial purposes to any user of the “Checkitout!” Website or Software, referring to Items Sent by Users. You agree not to circumvent, disable or otherwise interfere with the security features of the “Checkitout!” Website or Software, or even resources that prevent or restrict the use of any content on that Website or Software.
2.5 Your Information:
From time to time, “Checkitout!” may request information from you for the purpose of providing the Software or Products to you. You must ensure that such information is complete, up-to-date and accurate.
2.6 Prohibition of Resale.
The Software and Products are intended for your personal use. Resale or commercialization of the Software and / or Products to third parties is prohibited.
2.7 Export Restrictions:
The Software may be subject to international standards governing the export of software. You will comply with all international and national laws applicable to the Software, as well as restrictions on end user, end use and destination restrictions issued by national governments or similar bodies, and restrictions on embargoed countries.
3. PROPERTY RIGHTS
3.1 The “Checkitout!” Software, Products and Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
3.2 The content and compilation of content included on the “Checkitout!” Websites (excluding User Submitted Items) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software are the property of “Checkitout!” , its affiliates or licensors and are protected by Brazilian and international copyright laws. Copyrighted content cannot be reproduced without the express permission of “Checkitout!”. The “Checkitout!” reserves all rights not expressly granted on the “Checkitout!” Websites.
3.3 The “Checkitout!” and / or its licensors own exclusive ownership of the “Checkitout!” Software, Products and Websites and all related intellectual property (regardless of whether or not registered anywhere in the world). You will not take any action to endanger, limit or interfere with the intellectual property rights of "Checkitout!" about the “Checkitout!” Software, Products and / or Websites .
3.4 The “Checkitout!” the associated trademarks and logos are registered trademarks of “Checkitout!”. The “Checkitout!” registered and filed registration requests for its trademarks. The trademarks and visual identity of “Checkitout!” cannot be used in connection with any product or service other than “Checkitout!” in any way that may cause confusion among customers or that discredit or dishonor “Checkitout!” . All other trademarks that are not the property of “Checkitout!” , or related companies, displayed on this website are the property of their respective owners. You are not allowed and you must not register or use any brand names, trademarks, logos, domain names or any other name or sign that incorporates any intellectual property of "Checkitout!" (in whole or in part) or that is similar to a point of confusion.
4. TERMINATION OF YOUR RELATIONSHIP WITH “Checkitout!” .
4.1 You can end your relationship with “Checkitout!” at any time and without recourse to the courts requesting the closure of your User Account, stop using the Software, Products and / or Websites of “Checkitout!” .
4.2 The “Checkitout!” may terminate your relationship with you, or may terminate or suspend your use of the “Checkitout!” Software, User Accounts, Products or Websites at any time and without going to court:
(a) if you violate these Terms;
(b) if the “Checkitout!” has reason to suspect that you are using the Software, Products and / or Websites to break the law or infringe the rights of third parties;
(c) if the “Checkitout!” has reason to suspect that you are trying to exploit unfairly or misuse any of our policies.
(d) if the “Checkitout!” have reason to suspect that you are using our “Checkitout!” Products, Software and / or Websites fraudulently or that your User Account is being used by third parties in a fraudulent manner;
(e) immediately, if necessary, due to a change in legislation / regulation by a regulatory body or competent authority, or by any of the partners of “Checkitout!”;
4.3 The “Checkitout!” effect the said closure preventing access to your "Checkitout!" User Account, Software, Products and / or Websites (as applicable). The “Checkitout!” reserves the right to cancel User Accounts that have been inactive for more than one (1) year.
4.4 Consequences of Termination: Upon termination of your relationship with “Checkitout!”: (A) all licenses and rights to use the “Checkitout!” Software, Products and / or Websites will be closed immediately; (b) you will immediately cease any and all use of the “Checkitout!” Software, Products and / or Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media, and destroy all copies of the Software that are in your possession or under your control.
5. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
5.1 For the purposes of this paragraph 12, the term “Checkitout!” covers its subsidiary companies and affiliated legal entities and all of its directors, officers, agents, licensors and employees.
5.2 There are no guarantees: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE “CHECK IT OUT!” SOFTWARE, PRODUCTS AND WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND; THE “CHECK IT OUT!” DOES NOT MAKE ANY WARRANTY, CLAIMS OR STATEMENTS, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR LEGAL, WITH REGARD TO THE SOFTWARE, PRODUCTS AND / OR WEBSITES OF THE "CHECK IT OUT!" OTHER, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, “CHECK IT OUT!” DOES NOT AFFIRM OR WARRANT THAT THE “CHECK IT OUT!” SOFTWARE, PRODUCTS AND / OR WEBSITES IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR THAT IT WILL OPERATE WITHOUT LOSS OF PACKAGES, NOR CHECK IT OUT! GUARANTEES ANY CONNECTION WITH OR TRANSMISSION THROUGH THE INTERNET, NOR THE QUALITY OF CALLS MADE BY THE SOFTWARE.
5.3 Nothing in these Terms shall exclude or limit the liability for “Checkitout!” in relation to (a) death or personal injury; (b) loss resulting from intentional omission or serious negligence on the part of “Checkitout!”; (c) fraud or misrepresentation; or (d) any liability that cannot be limited or excluded by law.
5.4 Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT "CHECK IT OUT!" YOU WILL HAVE NO LIABILITY, EITHER CONTRACTUAL, EXTRA-CONTRACTUAL (INCLUDING NEGLIGENCE) OR ANY OTHER TYPE OF LIABILITY, AND WHETHER THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN INFORMED TO THE "CHECK IT OUT!" OR NOT, IN CONNECTION OR RESULTING FROM THE USE OF CHECK CHECK OUT WEBSITES! OR THE COMMUNICATION SOFTWARE THROUGH THE INTERNET OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR SOLE RIGHT OR REMEDY AS TO ANY PROBLEMS OR DISSATISFACTION WITH THE FIRST CHECK IT OUT SOFTWARE AND / OR WEBSITES IT IS THE IMMEDIATE UNINSTALLATION OF THE SOFTWARE AND TERMINATION OF THE USE OF THE SOFTWARE AND / OR WEBSITES OF THE “CHECK IT OUT!”.
5.5 Limitation of Liability: Subject to paragraphs 5.3 and 5.4 above, the “Checkitout!” will have no liability to you, whether contractual, extra-contractual (including negligence) or any other type of liability, and regardless of whether the possibility of such damage or loss has been reported to “Checkitout!” or not, by the following:
(a) any indirect, special, emerging or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, credibility or reputation (whether directly or indirectly); or
(c) any data damage or data corruption (either directly or indirectly);
(d) any claims, damages or losses (whether direct or indirect) arising from or related to:
i. The service limitations stipulated in the paragraph;
ii. Your inability to provide accurate information about your physical location to an Emergency Services operator; or
iii. Conduct of third party Emergency Services operators and call centers to which you can be connected.
(e) any claims, damages or losses (whether direct or indirect) arising from or related to:
i. any product or service provided by third parties under their own terms of service, including, but not limited to,
ii. third-party technology;
iii. third party websites.
5.7 If any third party makes a complaint against “Checkitout!” in connection with or as a result of (i) your violation of these Terms; (ii) your violation of any regulatory law; (iii) your infringement or violation of the rights of third parties (including intellectual property rights); (iv) your User Submitted Items; or (v) your claim in relation to any Item Submitted by the User, you will indemnify and maintain the "Checkitout!" indemnify against all damages, liability, loss, costs and expenses (including attorney's fees and expenses) related to such claim.
6. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
6.2 You acknowledge and agree that any information about any third party products and prices shown on the CHECK IT OUT websites! on third party products and services are provided to “Checkitout!” applicable third-party merchant ("Merchant"). The Merchant has the ability to change their prices or stop offering their products at any time. The “Checkitout!” it is not part of any transaction between you and any Merchant whose products and / or services are described on the C “Checkitout!” Websites.
The “Checkitout!” does not control, is not responsible for or guarantees: (i) prices, quality, performance, availability or the terms and conditions of purchase of products or services provided by Merchants; (ii) any payment, delivery, returns or after-sales activities related to products or services purchased through the Merchants' websites; (iii) the availability of the Merchants' websites; (iv) the completeness, truth or accuracy of any advertising or other material available on or through the Merchants' websites, or any other information or content about such products and services presented on the "Checkitout!" Websites; (v) links to the merchants' websites featured on the “Checkitout!” websites. Any questions, complaints or claims related to any product or service provided by a Merchant must be referred to the relevant Merchant.
6.3 The “Checkitout!” Software and Websites may include hyperlinks to other third party websites. The “Checkitout!” is not responsible for said third party websites or the availability of said websites, and does not endorse any content or material on such third party websites. Your use of these third party websites is subject to the terms and conditions posted on the relevant website.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS THEREIN. BY CLICKING THE BUTTON TO ACCEPT AND / OR CONTINUE TO INSTALL OR USE THE SOFTWARE, PRODUCTS AND / OR WEBSITES OF CHECK IT OUT !, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND GRANT TO CHECK IT OUT! THE RIGHTS SET FORTH HEREIN.