TERMS OF SERVICE

Overview

This website is operated by Frasson_Gallery. On the whole website, the terms “we”, “us” and “our” refer to Frasson_Gallery. Frasson_Gallery provides this website (“Platform” or “Website”), including all information, publications, tools and services available on this website to you, user, provided that you accept all terms, conditions, policies and warnings stated herein.

When visiting our Platform, registering to receive updates and contents and/or purchasing products, you will be using our “Services”. Consequently, you agree with the following terms and conditions (“Terms of Service” or simply “Terms”), including the terms and conditions and additional policies mentioned herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including, without limitation, users that are surfers, suppliers, clients and/or any person contributing to any content published on the Platform.

Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of the website or published content (“Content”) you agree with the  Terms of Service. If you don’t agree with all the terms and conditions in this agreement, then you cannot access the website or use any of its Services. If these Terms of Service are considered an offer, the acceptance is expressly limited to these Terms of Service.

Any new resources or tools that are added to the current website will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time, on this page. We reserve the right to update, modify or change any part of these Terms of Service when publishing updates and/or changes on our Platform. It is your responsibility to verify the changes made on this page periodically. Your continuous use or access to the website after the publication of any changes constitutes acceptance of said changes.

 

Item 1 – General Conditions

1. By agreeing with the Terms of Service, you confirm that you are of age in your state or region of residence and that you gave us your consent to allow any of your dependent minors to use this website.
2. You shall not use the Content or any other product available on our Platform for any illegal or non-authorized purpose. Additionally, you cannot, when accessing the Platform, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
3. You shall not transmit any virus or any code of destructive nature, nor shall you modify, adapt, translate or conduct reverse engineering of any part of the Platform;
4. Violating any one of the Terms results in the immediate termination of the Services and suspension of your Registration.
5. We reserve the right to refuse or interrupt the Service to any person for any reason at any time.
6. You understand that your information (not including credit card information and personal information) can be transferred without cryptography and may: (a) be transmitted by different networks; and (b) undergo changes and adapt and adjust to technical requirements for network or device connection. Credit card information is Always cryptographed during transfer among networks.
7. Titles used in this agreement are included only for reference and they do not limit or affect the Terms.
8. You acknowledge that the brands inserted on the Platform are of exclusive property of their owners and that we do not give any granting, licensing, authorization or any other rights to use any brand inserted on the Platform.

 

Item 2 – Registration on the Platform

1. Any and all content, application and tool, made available without definitive granting (licensing), by us and aimed at your use, are Platform Contents.
2. For you to be able to access the Contents we may request that you previously register your information (“Registration”), where personal information may be requested (“User Information”).
3. You agree to: (a) provide true, exact, current and complete information about yourself when registering on the specific registration to access the Platform Contents; and (b) keep and update immediately said Registration information, including your e-mail, credit card numbers and expiry dates, to keep them true, exact, current and complete.
4. You shall inform your own electronic address to be used as your identification on the Platform. You shall also create a password to access the Content, in that you are entirely responsible for keeping your password, as well as any activity that occurs in the sphere of your Registration, confidential.
5. Your information will be protected by password for your security and privacy.
6. You agree to immediately notify the Platform of any non-authorized use of your Registration or any breach of security of which you are aware. You also agree not to let your personal registration logged on your computer after entering your electronic address and password on the Platform, thus avoiding the non-authorized use by third parties.
7. You undertake not to (i) identify yourself as a different person (by use of e-mail address or any other way), through pseudonym; (ii) create multiple accounts aiming at generating violation of these Terms of Service or creating Registrations by automatic means or by using false or fraudulent means.
8. We reserve the right to refuse any Registration.

 

Item 3 – Use of Content

1. The Contents made available by the Platform are for your personal use, for exclusively non-commercial purposes. We will be fully exempt from any responsibility for damages and losses of any nature, pain and suffering and pecuniary damages, including loss of profit, that may result from the use of the Content for purposes other than the ones agreed herein.
2. You hereby agree and acknowledge that the Platform may be changed at any time, including regarding storage space or other items involving the Content.
3. You agree not to (i) use the Content available on the Platform for illegal purposes or purposes that are contrary to any law, rule or regulation; (ii) copy, reproduce and modify, in total or in part, any data, information or Content available on the Platform; (iii) use, include, reproduce, transmit, modify and Market, assign, license and authorize the use of the Content and/or any material protected by intellectual property rights, including texts, photos, videos, phonograms, computer programs, among others, that does not belong to you, without owner’s express authorization; (iv) store, spread, disclose, broadcast and/or in any way make available to third parties any data or information (regardless of their form), which may imply violation of trade secret or of confidentiality of communications; (v) invade the privacy of third parties or harm them in any way; (vi) illegally broadcast intellectual property belonging to third parties or other exclusive information without consent of the licensor or owner.
4. We are not responsible for information available on this website that is not precise, complete or current. The material on this website is provided for informative purposes only and shall not be used as the only base to make decisions without consulting primary sources of more precise, complete or current information. Any use of material from this website is at your own risk.
5. This website may contain certain historical information. Historical information may not be updated and is provided only for your reference. We reserve the right to modify the content of this website at any moment, but we are not obliged to update any information on our website. You agree that it is your responsibility to monitor changes on our website.

 

Item 4 – Products or Services

1. Any products or services that we offer are available exclusively online through the website.
2. We do not guarantee that the Content or any products, services, pieces of information or other materials available will meet your expectations, or that any errors in the Service will be corrected.
3. The amount paid to access the Content and our Services are subject to changes without notice.
4. We reserve the right to, at any time, modify or discontinue the Service (or any part or content of it) without notice.
5. We shall not be held responsible for you or any third party for any modification, change of price, suspension or discontinuation of the Service.

 

Item 5 – Optional Tools

1. We can give you access to third parties’ tools which we do not monitor or control.
2. You acknowledge and agree that we provide access to said tools “as is” and “according to availability”, without any guarantees, representations or conditions of any type and without any type of endorsement. We are not responsible in any way for your use of optional tools that belong to third parties.
3. Any use of optional tools offered through the website is entirely at your own risk and you should be familiar and approve the terms of the tools that are provided by third party supplier(s).
4. We can also, in the future, offer new services and/or resources through the website (including the launch of new tools and resources). Said new resources and/or services shall also be subject to these Terms of Service.

 

Item 6 – Links by Third Parties

1. Certain products, contents and services available through our Service can include materials by third parties.
2. Links by third parties on this website can direct you to third-party websites that are not connected to us. We are not responsible for examining or evaluating the content or precision. We do not guarantee nor are we obliged or responsible for any materials or websites of third parties, or for any other materials, products or services by third parties.
3. We are not responsible for any damages or losses related to the purchase or use of merchandise, services, resources, content or any other transactions made in connection with any third party websites. Please carefully revise third party policies and practices and make sure that you understand them before any transaction. Complaints, claims, concerns or issues related to third-party products must be directed at the third party.

 

Item 7 – User Comments and Feedbacks

1. If, at our request, you send certain specific items (for example, participation in a contest), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, either online, by e-mail, by mail or in any other way (collectively referred to as ‘comments’), you agree that we may, at any time, without any restriction, edit, copy, publish, distribute, translate and in any way use any comments that you send us. We are not responsible for: (1) maintaining comments confidential; (2) indemnify for any comments; or (3) reply any comments.
2. We can, but we are not obliged to, monitor, edit or remove content that we deem, according to our own criteria, to be against the law, offensive, threatening, slanderous, defamatory, pornographic, obscene or censurable or to violate the intellectual property of third parties or these Terms of Service.
3. You agree that your comments shall not violate any right belonging to third parties, including copyrights, trademarks, privacy, personality or other personal or property right. You agree that your comments shall not contain defamatory, illegal, abusive or obscene material. They also shall not contain any computer virus or other malware that may affect the operation of the Service or any related website. You shall not use a fake e-mail address, pretend to be someone different from yourself or in any way deceive us or third parties regarding the origin of any comments. You are the only party responsible for any comments that you make and their veracity. We do not assume any responsibility or obligation for any comments published by you or by any third party.

 

Item 8 – Personal Information

1. The sending of personal information through registration is governed by our Privacy Policy.

 

Item 9 – Errors, Imprecisions and Omissions

1. Occasionally, there may be information on our website or in the Service containing typographic errors, imprecisions or omissions which may be related to the descriptions of products, prices, promotions, offers, product shipping fees, lead time and availability. We reserve the right to correct any errors, imprecisions or omissions, and to change or update information or cancel orders in case any information in the Service or on any related website is imprecise, at any moment and without prior notice (even after you have sent your order).
2. We do not assume any obligation to update, change or clarify pieces of information in the Service or any related website, including, but not limited to, pieces of information regarding prices, except as required by law. No specific update or update date in the Service or any related website must be used to indicate that all pieces of information in the Service or any related website have been modified or updated.

 

Item 10 – Forbidden Uses

In addition to other prohibitions, as established herein, you are forbidden to use the Platform or Content: (a) for illegal purposes; (b) to request other people to conduct or participate in any illegal acts; (c) to violate any international, local, state or federal rules, regulations or laws; (d) to infringe or violate our intellectual property rights or intellectual property rights of third parties; (e) to harass, abuse, insult, damage, defame, slander, undervalue, intimidate or discriminate based on gender, sexual orientation, religion, ethnic group, race, age, nationality or disability; (f) present false or misleading information; (g) send or transmit virus or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track personal information belonging to other people; (i) to send spam; (j) for obscene or immoral purposes; or (k) to interfere or bypass the security resources of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or of any related website for violating any one of the forbidden uses.

 

Item 11 – Exemption of Responsibility from Warranties; Limitation of Responsibility

1. We do not represent, warrant or justify that your use of our Service will be accurate, secure, without errors or interruptions;
2. We do not warrant that the results that may be obtained by use of the Service will be accurate or reliable;
3. You agree that from time to time we can remove the Service for undetermined periods of time or cancel at any time, without notice;
4. You agree that your use or inability to use the Service is at your own risk. The service and all products and services delivered through the service are, except as stated by us) provided without warranty and as available for use, without any representation, warranties or conditions of any kind, either explicit or implicit, including all implicit warranties or conditions for marketing, quantity, adequacy for a certain purpose, durability, title and non violation;
5. Under no circumstance Frasson_Gallery, our directors, officers, employees, affiliates, agents, parties to contract, interns, suppliers, service providers or licensors will be responsible for any loss, harm, claim or direct, indirect, consequential, punitive, special or resulting damages of any type, including, without limitation, loss of profit, loss of revenue, lost savings, loss of data, recovery costs, or any similar damages, either based on agreement, illegal act (including neglect), objective liability or other form, resulting from your use of any of the services or any products acquired using the service, or to any other claim in any way related to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any type resulting from the use of the service or any content (or product) published, broadcast or in another way available through the service, even if such possibility is warned. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in said states or jurisdictions our responsibility will be limited by the maximum extent permitted by law.

 

Item 12 – Indemnity

1. You agree to indemnify, defend and exempt Frasson_Gallery and our subsidiaries, affiliates, partners, employees, directors, agents, parties to contract, licensees, service providers, subcontractors, suppliers, interns and employees from any claim or suits, including legal fees, by any third parties in relation to violation of these Terms of Service or the documents that are part, by reference, or violation of any law or rights of a third party.

 

Item 13 – Independence

1. In case any provision hereof is considered illegal, null or ineffective, said provision must, however, be applicable to the extent as permitted by applicable law, and the part that is not enforceable shall be considered apart from these Terms of Service. Said measure does not affect the validity and applicability of any remaining provisions.

 

Item 14 – Termination

1. The obligations and responsibilities of the parties incurred before the date of termination shall remain after the termination of this agreement for all purposes.
2. These Terms of Service are in effect, unless terminated by you or by us. You can terminate these Terms of Service at any moment, by notifying us that you no longer want to use our Services, or when you stop using our website.
3. If, according to our exclusive criteria you fail to comply with any term or provision hereof, we also can terminate this agreement at any time without prior notice and you will be responsible for all amounts due until the date of termination; we can also deny you access to our Services (or any part of them).

 

Item 15 – Full Agreement

1. In case we do not exercise or perform any right or provision of these Terms of Service, this shall not constitute waiver of said right or provision.
2. These Terms of Service and any policies or operational rules posted by us on this website or regarding the service constitute the entire agreement between us. These Terms govern your use of the Service, replacing any prior or contemporary agreements, communications and proposals, either verbal or in writing, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that worded them.

 

Item 18 – Applicable Legislation

1. These Terms of Service and any separate agreements where we offer the Services shall be governed and construed according to the laws of the Federative Republic of Brazil.

 

Item 19 – Changes of the Terms of Service

1. You can revise the most current version of the Terms of Service at any moment on this page.
2. We reserve the right, at our own criteria, to update, modify or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to verify our website periodically. Your continuous use or access to our website or Service after the publication of any changes to these Terms of Service constitute acceptance of said changes.