Terms and Service

I. General

A. At CopyTrust, Ltda. we value our clients (“You”) and wish to provide them with a positive experience that exceeds their expectations. To offer you the best service possible, all clients need to follow the same rules and guidelines. These Terms and Conditions of Use (“Terms”) are intended to make CopyTrust, Ltda.’s service available to all our clients as consistently and efficiently as possible.

B. By using our web site, you are agreeing to all of these Terms as set forth below and which may be modified in any way and at any time by CopyTrust, Ltda..

C. If you have questions about these Terms, please contact us via e-mail or telephone at the following:

CopyTrust, Ltda.
U.S. Phone: +1 202.470.0722
Email: support@copytrust.com

II. Disclaimer

A. CopyTrust, Ltda. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in any and all CopyTrust, Ltda.’s services results. CopyTrust, Ltda. disclaims any responsibility or liability for the deletion, failure to store, missed delivery or untimely delivery of any information or material. CopyTrust, Ltda. disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through CopyTrust, Ltda. web site or services.

B. CopyTrust, Ltda. wishes to emphasize that in accepting its services, clients indemnify CopyTrust, Ltda. for the violation of any law or CopyTrust, Ltda. Term that results in loss to CopyTrust, Ltda., or the bringing of any claim against CopyTrust, Ltda. This means that if CopyTrust, Ltda. is sued because of activities of the client that violate any law, or these Terms, the customer will pay any damages awarded against CopyTrust, Ltda., plus costs and reasonable attorneys’ fees.

C. COPYTRUST, LTDA. SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COPYTRUST, LTDA. WEB SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. COPYTRUST, LTDA. EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COPYTRUST, LTDA. DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COPYTRUST, LTDA. WEB SITE OR SERVICES PROVIDED. COPYTRUST, LTDA. DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COPYTRUST, LTDA. WEB SITE OR SERVICES PROVIDED. COPYTRUST, LTDA. DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COPYTRUST, LTDA. WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY COPYTRUST, LTDA., AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY MEMBER CONTRIBUTIONS PROVIDED ON THE COPYTRUST, LTDA.

D. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COPYTRUST, LTDA. WEB SITE OR SERVICES PROVIDED, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

E. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

III. Limitation of Liability

A. UNDER NO CIRCUMSTANCES SHALL COPYTRUST, LTDA. BE LIABLE TO ANY CLIENT ON ACCOUNT OF THAT CLIENT’S USE OR MISUSE OF, OR RELIANCE ON, THE COPYTRUST, LTDA. WEB SITE OR SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COPYTRUST, LTDA. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, COPYTRUST, LTDA. SERVICES, FROM INABILITY TO USE THE COPYTRUST, LTDA. WEB SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE COPYTRUST, LTDA. WEB SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY COPYTRUST, LTDA. OR RECEIVED THROUGH ANY LINKS PROVIDED BY COPYTRUST, LTDA., AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE COPYTRUST, LTDA. WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE COPYTRUST, LTDA. WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF COPYTRUST, LTDA. OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE COPYTRUST, LTDA. WEB SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

B. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

C. Without limiting the foregoing, under no circumstances shall CopyTrust, Ltda. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in, heat, light, or air conditioning.

IV. Indemnification

A. Client agrees that it will protect, indemnify, save and hold CopyTrust, Ltda. harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against CopyTrust, Ltda., its agents, clients, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its clients, agents, employees or assigns.

B. Client further agrees to defend, indemnify and hold CopyTrust, Ltda. harmless against liabilities arising out of

1. any injury to person or property caused by any products sold or distributed in association with CopyTrust, Ltda.’s services;
2. any material furnished by client infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a client from CopyTrust, Ltda.’s web site, service or network, either now available or available in the future.

V. User-Supplied Content

A. All services may be used for lawful purposes only. Through the use of CopyTrust, Ltda.’s web site or services, either now or in the future, you may have access to chat areas, bulletin boards, web pages, email, or other services (“network”) that enable you to send or post materials (”content”) and make that content available to others. You agree not to submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you agree not to submit, publish, or display any content that violates any United States Federal, State, or Local laws or the laws of your country. You are solely responsible for the content you make accessible through the CopyTrust, Ltda. network. You also agree to not use the service to assist any other person or entity to violate any United States Federal, State, or Local laws, ordinances, or regulations or the laws of your country.

B. CopyTrust, Ltda. is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, CopyTrust, Ltda. has the right, but not the obligation, to edit, remove or deny access to such content. CopyTrust, Ltda. may disclose any content or records concerning client’s account as required to satisfy any law, regulation, governmental request or lawful court order.

C. Pornography and sex-related material are prohibited on all CopyTrust, Ltda. servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to CopyTrust, Ltda.’s servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

1. Adult Sites - Any erotic or pornographic material, links to adult web sites, or advertisements for adult web sites.
2. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
3. Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
4. Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet web sites or providers.

VI. Network Security

A. You may not use the CopyTrust, Ltda. services, web site or network with an attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for your use, logging into a server or account that you are not expressly authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy.

B. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail “bombing,” or other deliberate attempts to overload or crash a host or network. CopyTrust, Ltda. will cooperate fully with investigations of violations of systems or network security at other web sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability or both.

VII. IRC

CopyTrust, Ltda. currently prohibits its clients from operating IRC or IRC Bots on any of the servers in the CopyTrust, Ltda. Network.

VIII. Commercial Advertising/Mass Mailings

A. You must not use the CopyTrust, Ltda. service, web site, network, equipment or any CopyTrust, Ltda. email address, either now available or available in the future, in connection with the transmission of spam, flames, mail “bombs,” or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or the reply-to address in any of the above. This prohibition extends to the sending of unsolicited mailings from another service that in any way implicates the use of the CopyTrust, Ltda. service, web site, network, equipment or any CopyTrust, Ltda. email address.

B. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

C. If you are found to have violated the Terms stated in Sections VIII (A) and (B), above, CopyTrust, Ltda. reserves the right, without further warning, to disable, suspend and/or terminate your service.

D. CopyTrust, Ltda. may impose a $100 penalty for each spam policy violation. CopyTrust, Ltda. solely reserves the right to refuse or cancel web site access to known spammers.

E. CopyTrust, Ltda. reserves the right to determine what violates these Terms. As such, any violation may result in cancellation of services without refund.

IX. Distribution and/or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties. As stated elsewhere in this policy, CopyTrust, Ltda. will assist law enforcement in the prosecution of all criminally-based activities.

X. Intellectual Property Rights

A. Material accessible to you through CopyTrust, Ltda.’s web site, network or services may be subject to protection under the United States or other international copyright laws or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the CopyTrust, Ltda. web site or services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the CopyTrust, Ltda. Web site, services or network.

B. If you use a domain name in connection with the CopyTrust, Ltda. service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

XI. Refusal of Service

A. CopyTrust, Ltda. reserves the right, at its sole discretion, to refuse or cancel services or access to our web site.

B. Violation of any of CopyTrust, Ltda.’s Terms could result in a warning, suspension or possible account termination. Accounts terminated due to Term violations will not be refunded.

XII. Service Cancellation

A. To authenticate a service cancellation request, you must fill out the Online Cancellation Form. If this is not possible you may email the notice to Support@CopyTrust.com. You must include your account email address, account name, account password and the domain on which you want to cancel the service(s).

B. For security reasons, we cannot accept cancellation requests over the phone.

XIII. Changes in Terms and Conditions of Use

A. We may modify or terminate our web site or services from time to time, for any reason and without notice, including the right to terminate with or without notice, without liability to you, any third party material.

B. We reserve the right to modify these Terms from time to time without notice. Please review these Terms each time you visit our web site so that you will be

aware of any changes.

C. If you have any additional questions, please feel free to contact us at Support@CopyTrust.com.

XIV. Data Protection

A. Clients should be aware that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this cautionary limitation.

B. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks.

C. Accordingly, as the web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. ALSO, PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON OUR WEB SITE.

D. As stated elsewhere in these Terms, we strongly oppose the use of any available contact information by a third party for sending unsolicited advertisements (SPAM).

E. As the web site provider, CopyTrust, Ltda. reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar advertising materials. CopyTrust, Ltda. will report all violators to the appropriate legal authority.

XV. Correspondence with CopyTrust, Ltda.

A. All correspondence shall be made through our online Contact Form or Support Department at Support@CopyTrust.com.

B. While we may reply to telephone voice mails, all questions or issues which require a reply MUST be submitted via our online Contact Form or the Support Department.

C. In the event you do not use our online Contact Form or Support Department e-mail, as stated herein, we are under no obligation to respond to any problems or claims that may arise. Further, you expressly agree to waive any claim(s) and hold us harmless from any liability for any problems that may arise, until such time as they are properly communicated to us through the online Contact Form or Support Department e-mail.

XVI. Intellectual Property Policy

A. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

B. CopyTrust, Ltda. retains the right to non-exclusive use of all client-submitted content, as we see fit, however, same content remains the intellectual property of the client or its actual owner.

C. CopyTrust, Ltda. disclaims any and all responsibility or liability for infringements or damages made by its clients in regards to violation of all intellectual property rights. Additionally, CopyTrust, Ltda. is not liable for any and all lost, damaged, deleted or stolen materials submitted by its clients.

XVII. Waiver

CopyTrust, Ltda.’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor any other rights or provisions stated herein.

XXIII. Choice of Law

A. These Terms stated shall be governed by and construed in accordance with the laws of the United States, Brazil and other countries where we have a physical presence, either now or in the future, without reference to conflicts of law rules.

B. You expressly consent to exclusive jurisdiction and venue in the courts located in Sao Paulo, Brazil, for all matters in connection with these Terms or your use of CopyTrust, Ltda.’s web site, services or network.

XIX. Severability of Provisions

A. Any provision (or part thereof) of these Terms which may be found invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceability, without invalidating the remainder of the provision(s) herein.

B. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provisions of law which prohibits or renders unenforceable any provisions herein in any respect.

XX. Statute of Limitations

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

XXI. No Waiver

Any failure of CopyTrust, Ltda. to enforce or exercise any provision of these Terms or related right(s) shall not constitute a waiver of that right or provision.

XXII. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XXIII. Termination

In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content, the license(s) you have granted to CopyTrust, Ltda and all other provisions for which survival is equitable or appropriate.

XXIV. Effective Date

THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON MARCH 4, 2008.