General use conditions and liability disclaimer

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  • 1. GENERAL CONDITIONS OF USE AND ACCEPTANCE

    These General Conditions (from now onwards designated as "General Conditions") regulate the use of the services of the INTERNET Sites www.DATAGRO.com.br and www.DATANET.com.br (onwards designated generically as "Site") that Datagro Publicações Ltda., legal entity of private nature with Headquarters at Calçada das Magnólias, 53, Centro Comercial de Alphaville, Baruerí, São Paulo, CEP 06453-000, CNPJ 65.649.154/0001-54 and Inscrição Estadual 113.082.679-115, (onwards designated as "DATAGRO") renders to the INTERNET users that access the cited Site and also Newsletters and printed Bulletins emitted with specific content, as by-products, or not, of the existence of the referred Site and its support infrastructure. Accessing the Site configures the legal condition of Site user (onwards designated as "User") and expresses the User adherence to all the General Conditions items, in the version published in the respective electronic address (see above), where there is a specific link for access to this document and all its terms.

    Thus, the User, when connecting his computer station to the Site declares beforehand - and irrevocably - that he/she has read, understood, and mainly, that accepts all the terms of this document. The Site has two distinct areas for Users access, one Public, available to any user (guest user) by means of the straight access via INTERNET, where data and generic information on the subjects of general interest for the public are reflected, and another, Private, providing access to specific Site services and contents, whose use is subject to special requirements and conditions, indicated in a specific contract (onwards referred to as "Special Conditions") that, according to the case, replace, complement and/or modify these General Conditions. Users, therefore, are requested to previously read the respective Special Conditions ever before they attempt their first access or use of such Services and Contents. All access to the services and contents of the Site definitely express the unconditional Users' acceptance of such legal usage conditions as per the version published by DATAGRO at the moment of the access and/or use, and present in the Site itself, in their most updated and integral form.

  • 2. OBJECTO

    Through the Site, DATAGRO provides Users access and use to a range of Services and Content through (a) DATAGRO and/or (b) third party suppliers of Services and Contents (onwards designated as "Services"). Such Services are rendered under the strict terms of the laws that conduct the matter in Brazil. Users from abroad shall follow the legal norms and rules of the Brazilian legislation to applicable to the sort, unless when expressly defined in the so-called Special Conditions of respective Services Contracts. DATAGRO reserves the right to unilaterally modify, at any time, the presentation and configuration of the Site, as well as of modifying or eliminating, at any time, the Services, the General Conditions, the Special Conditions, and all the acknowledgments, regulations and use instructions. That will be made without harm or damage of eventual acquired rights, from the part of users who have made anticipated payments, and for the required time for such rights to be completely exhausted or compensated.

  • 3. SITE ACCESS AND USE CONDITIONS

    • 3.1 Site Use

      Site operation on the part of DATAGRO has an institutional character and will be complimentary for the Users of the public in general that consult the Public Area of Access which does not require the previous registration or User identification. However, the use of certain specialized Services and Contents in the so-called Private Area of Access will only be granted to registered Users as Site subscribers with payment of pre-established fee for an access period also determined, and just from one single geographic position or computer terminal installation, and by means of a Services Contract.

    • 3.2 User Register for Private Area of Access

      DATAGRO reserves some of the Site's Services and Contents for exclusive access of registered Users through an explicit request of the same to DATAGRO and the celebration of a Services Contract. The indications for the contact are at the disposal of the users in the Site itself. Once accepted the conditions regarding values and stated access periods for access - already defined above as Special Conditions - the User is committed to use it and to keep his User Name (onwards designated as "login") and the corresponding Access Password, (onwards designated as "password") and now jointly (and onwards designated a "Access Keys") in compliance with what is established in the clauses of this instrument. The User will receive the own, unique and exclusive Access Keys to the Private Area through a method defined under the sole criterion of DATAGRO. The passwords will be attributed for a predefined period, known by the User.

      By the end of the period, if no renewal of the Services Contract is agreed upon, DATAGRO will cancel the respective Access Keys, blocking the entrance of the User in the Site's Private Area, which mandatorily requires the subject keys.

    • 3.3 Use and Safekeeping of the Access Keys

      The User commits to make a diligent use of the Access Keys, as well as keeping them in secrecy. The User is committed to immediately inform DATAGRO, about loss or theft of the Access Keys as well as any risk of them being accessed by a third unauthorized party that may - for any motive - has gained their access. The imperfection or the faulty submission of the login Access Keys, by the User (or the respective employees) will be automatically registered by the Site's computerized system, and DATAGRO will act with severity in case it becomes evidenced that such Keys had been facilitated the third unauthorized parties for their use. Moreover, proven that third unauthorized parties have had access to the Private Area of the Site, through the use of a given Access Key, the User - bearer of that exclusive set of identification data - will become immediately a debtor of the relative signature fees of a second, third, etc., Services Contract, as the recorded access ascertains the condition of User in fact and right, submitting the mentioned bearers to the contractual obligations.

      The User shall, always and at any time, abstain to get, or to try to get, information, messages, texts, tables, graphics, drawings, articles, statistics, images, photographs, recordings, software and, in general, any type of material accessible through the Site or the various related Services (onwards designated as "Contents") employing for that any means or procedures other than those made available or indicated as the proper browsing tools to the Site's pages (onwards referred to as "Pages") where such Contents are deployed. The same valid for the integral content of the Newsletters and Information Bulletins in printed form (hard copies) either derived or not from the data contained in the Site and which registered Users (under the so-called Special Conditions) will have periodic and concomitant access to during the active validity period of their respective Services Contract. The reproduction, copying, through any type of system or method, including Photostat copies, scanning, re-digitalization, and their distribution, diffusion or transmission by any system or technology (also Fax, E-Mail?, permanent or semi-permanent data storage media, electronic or not), even for internal informative purposes, are a clear violation of the DATAGRO intellectual property rights and as such will be dealt with to the maximum severity the law. Their broadcasting without previous permission and with commercial or institutional purposes is to be considered a penal infraction, and subject to the sanctions foreseen in the Law.

    • 3.4 The Contents

      DATAGRO offers its Site with the objective of rendering quality information on the Agri-Business? sector in Brazil, notably - but not exclusively - in the areas relative to Sugar Cane, Sugar and Alcohol production activities. For the purpose, DATAGRO makes use of a specialized body of consultants and sources, who accompany, study, register, compile, analyze, and debate all the main events and relevant sectorial facts in the national and the International scenery. The Site also contains information generated and broadcast by public or private organizations and qualified as of public utility and domain. The value of that information is relative, and it should be used for generic guidance only. However, given the variety of sources, the possible discontinuance of availability for certain historical data series, etc., DATAGRO reserves the right to modify - at our exclusive criterion - all and any Content data in the related Site.

      Therefore, DATAGRO rejects and shall not even discuss any allegation that a given figure, value or fact may be considered false, ambiguous, inaccurate, exaggerated, obsolete or superseded, or allegations that these might induce to error on their object intentions, as well as to be interpreted as commercial rights or third party company secrets violation once DATAGRO does not have obligation to control - and effectively does not control - the Contents transmitted, broadcast or supplied by third parties, such as public sources of sectorial data, either private or governmental. However, DATAGRO reserves the right to revise, at any time and without previous warning, by its own initiative or by the order of others, any Contents transmitted, broadcast or provided (even hindering transmission, diffusion or deployment to the Users), in case any mistake, deceit, etc., are detected in data, without that representing any liability or obligation for the Site owners from the part others claiming damages from the use of the respective data while in the Site. Articles and signed reports, eventually present in the Contents of the Site, as well as in the Newsletters and printed format Bulletins, are published under the entire and exclusive responsibility their respective authors. DATAGRO makes such materials available without necessarily assuming that they represent the opinion of the company and its controllers, and does it exclusively to stimulate the ample constructive debate on subjects of technical, legal, administrative or economic relevance for the sugar and alcohol sector.

      Articles and signed reports, eventually present in the Contents of the Site, as well as in the Newsletters and printed format Bulletins, are published under the entire and exclusive responsibility their respective authors. DATAGRO makes such materials available without necessarily assuming that they represent the opinion of the company and its controllers, and does it exclusively to stimulate the ample constructive debate on subjects of technical, legal, administrative or economic relevance for the sugar and alcohol sector.

  • 4. USE OF THE SITE, THE SERVICES AND THE CONTENTS UNDER THE EXCLUSIVE USER RESPONSIBILITY

    The User is conscious and voluntarily accepts to use the Site, the Services and the Contents and respective printed By-Products?, always and in any in case, under his/her own, entire and exclusive responsibility. The User is obliged to use the Contents in a careful, correct and licit form, and, declares him/herself aware of the fact that he/she uses such Contents on their own account and risk, and should not - and cannot - attribute to DATAGRO and other suppliers of related access, content or services any responsibility or liability due to pitfalls, errors, omissions or vices that such information might eventually contain. More over, the User must abstain to reproduce or copy, publish, distribute, allow public access through any modality of communication, transform or modify the Contents, unless he/she counts with the authorization of the bearer of the corresponding rights, once being legally and formally authorized to do so. The User commits to observe and to fulfill all the usual norms of data security, as well as to zeal for the technical protection fixtures, digital signatures or any mechanisms of information that can lead to the Contents access. The formats, style, aspect, trade and corporate marks, graphical concepts, illustrations, functions and technical concepts applicable to the structuring, operation and deployment of the Site are of exclusive property of DATAGRO.

  • 5. EXCLUSION OF GUARANTEES AND LIABILITIESL

    • 5.1 Availability and continuity, utility and fallibility

      In result of technical and operational requirements, DATAGRO cannot guarantee - and effectively does not guarantee - the availability and continuity of the functioning of the Site and of the Services in a constant and uninterrupted way, when these will be caused by reasons and motives that mean "force majeure" , such as temporary shortages of electric energy supply, temporary discontinuities in the operation of the suppliers of INTERNET traffic, overloads in the public telecomm lines, external interference and out of its control that hinder the Site operation, etc. The User must have in mind that the public lines of telecommunications are subject to weather conditions, accidents, maintenance failures, etc., which can turn unavailable for uncertain time, the availability of the information contained in the Site, without enabling DATAGRO to act in order to reestablish them. DATAGRO exempts it self and its management authorities of any responsibility for damages and losses of all and any nature that can derive or happen from the lack of availability or continuity of the Site operation or the services by it provided due to the causes indicated in the previous paragraph. DATAGRO defines, through its own and exclusive criteria, the times and occasions for the entrance and exit of whichever information amongst the Contents of the Site. Those so-called stated periods of residence are defined so that the access times, transmission speeds and the criteria of pertinence and relevance, actuality, historical value, etc., are duly weighed with the mass of registered information available for Users access.

    • 5.2 Quality

      DATAGRO controls in preventive character the Contents of its Site regarding its technical nature. But considering the multi-user character of the Services, and the plurality of Content sources, is technically unable to guarantee the absence of virus or others applets with harmful intentions, such as malignant elements capable to produce alterations in its Informatics System (software and hardware) or in the electronic documents and files stored there in. DATAGRO exempts of any responsibility for the damages and losses of any nature that can derive from the presence of virus or other harmful elements in the Contents and that, so, can produce alterations and/or damages in the physical and/or electronic system of the user's equipment sets.

    • 5.3 Trustworthiness and Utility of the Contents

      DATAGRO dwells with its better efforts to guarantee the trustworthiness and usefulness of the Contents. However, in general lines and in a preemptory manner, DATAGRO exempts of any responsibility for all and any eventual damages and losses, of all and any nature, deriving from the use of these information for the Site Users, including, but not limited, to those that can occur as a consequence of:

      • (a) the transmission, broadcasting, storage, deployment, reception, attainment or access to the Contents, and in special, even if not in exclusive manner, for the damages and losses that can derive as a consequence of the absence of transmission, broadcasting, storage, deployment, reception, attainment or access to the Contents;
      • (b) the infraction of the rights of Copyright and industrial and intellectual property, of enterprise secrets, contractual commitments of any type, the rights of property and all and any nature pertaining to a third party as consequence of the transmission, broadcasting, storage, deployment, reception, attainment or access to the Contents;
      • (c) the accomplishment of acts of disloyal competition and illicit advertising on the part of third parties, or their representatives, as consequence of the transmission, broadcasting, storage, deployment, reception, attainment or access to the Contents;
      • (d) inadequate for any type of intention or of the frustration of the expectations generated by the Contents;
      • (e) non fulfillment, delay in the fulfillment, defective fulfillment or finishing by any reason of the obligations contracted by third parties and contracts celebrated with third parties through or for the reason of access to the Contents;
      • (f) of the vices and eventually existing defects of all type (explicit or occult) in the services rendered through the Site, or of the Bulletins in printed format (hard copies) published by DATAGRO.
    • 5.4 Of the Veracity, Accuracy, Exhaustively and Actuality

      DATAGRO makes use of a team of technicians and a cast of public and private sources that have as their mission to make the best effort to guarantee the veracity, accuracy, exhaustively and actuality of the Contents. However, in a clear and explicit form, through this instrument, DATAGRO recommends cross referencing of sources and the use of appropriate sense before taking any economic, administrative, strategic decision, and the planning or execution of any activities based on data extracted from the Site, or in the printed format Bulletins, independent of its source, origin, author or precedence. DATAGRO exempts of any responsibility for the damages and losses of all and any nature that can derive from an eventual lack of veracity, accuracy, exhaustively and/or actuality of the Contents.

  • 6. NO LICENSE OR CESSION

    DATAGRO does not grant any license or authorization of use of any type on its rights of industrial and intellectual property, enterprise secrets or on any another right or property related with the Site, the Services or the Contents. In a similar way DATAGRO does not discuss, disclose or make available any details on the assembly, operation and technology of computerized system support to the Site.

  • 7. REFUSAL AND WITHDRAWAL OF THE ACCESS TO THE SITE AND/OR THE SERVICES

    DATAGRO reserves the right to refuse or to withdraw the access to the Site and/or the Services, at any time and without necessity of previous acknowledgment, by its own initiative or under the requirement of a third party, to those Users who disregard these General Conditions or the respective Special Conditions, or that, in some way, results or can result in activities considered illegal, detrimental to the interests of third parties, or that infringe existing or newly created laws and regulations. If that withdrawal will have as origin the proven facilitation of the access to the Contents of the Restricted Area by the part of third not authorized parties, such refusal and access withdrawal shall not exempt of dues the titular User and contractually identified by the services eventually used by the unauthorized User. If it involves an attempt of attainment of information through illicit ways, it will be considered an attempt of invasion of private property and as such lead in the legal actions that it shall give cause to.

  • 8. DURATION AND ADJOURNING

    The rendering of the Site Services has an indefinite duration. But the access to the so-called Private Area is only assured the Registered Users duly identified and with their contractual and economic obligations towards DATAGRO considered timely accomplished.

  • 9. APPLICABLE LAW AND JURISDICTION

    These General Conditions are conducted by the Brazilian law. DATAGRO and the User, with express resignation to any another forum, submit themselves to the courts and Public Justices of the city of São Paulo.

© Copyright DATAGRO January of 2001