TERMS AND CONDITIONS TO USE THIS WEBSITE
This document establishes the general terms and conditions (“Terms of Use”) applicable to the usage of services and content provided by ESTÚDIO GOLE COMUNICAÇÃO VISUAL LTDA. (“Estúdio Gole”), a limited liability company, located at 1509, Leôncio Magalhães St., Jardim São Paulo, zip code 02042-011, enrolled in the National Texpayer’s Registry under No. 31.839.800/0001-24, through its website, https://www.estudiogole.com/ (“Website”), which is belongs exclusively to Estúdio Gole.
By visiting this Website, you acknowledge and agree with this Terms of Use and the Privacy Policy, as well as with all other documents posted on the Website and not necessarily listed herein. You must read and agree to these Terms of Use and the Privacy Policy to use the Website.
The Terms of Use may be modified at any time, without prior notice. Visiting the Website after the Terms of Use are modified means that you have accepted such changes. It is your responsibility to read the updated Terms of Use whenever any alterations are announced.
THE AVAILABLE CONTENT
1.1 On the Website, Estúdio Gole makes available to Users samples of the material developed for its clients (“Projects”), for marketing purposes only.
1.1.1 None of the posts shall be construed as intended for sale and/or resale. All Projects are copyrighted and customized for each of its clients, which is why the User is forbidden to imply that the Projects posted on the Website are available for sale, resale and/or can be reproduced. The purpose of publishing the Projects is only to show User the work we develop at Estúdio Gole.
CONTACT FORM
On the Website, Estúdio Gole provides a tool for contacting Estúdio Gole (“Contact Form”). By using this Website and the Contact Form, you agree to the Privacy Policy.
Users must be at least eighteen (18) years old and have a valid email address to use the Website and the Contact Form.
Users must submit all information requested on the Contact Form. After filling out the Contact Form, Estúdio Gole will contact the respective User to further understand their businesses and requirements and, if necessary, drafting a proposal.
The User is solely responsible for the information provided when filling out the Contact Form. Therefore, the User hereby states that all the information provided in the Contact Form is true and complete.
WEBSITE USAGE
Users must use the Website for personal purposes only. Users may not use the Website in connection with any commercial enterprise. Users may not use any information available on the Website to contact, advertise, request or sell to any other User without the explicit prior consent of Estúdio Gole. Organizations or companies must not use the Projects and the Website for any purpose, unless expressly authorized to do so by Estúdio Gole.
Users must be aware that the usage of this Website is at their own risk and that, despite Estúdio Gole’s best efforts, there is no guarantee that files available for download and/or hyperlinks are free of viruses, worms, Trojan horses or other code that may contain destructive properties.
It is Users responsibility to run security checks on the devices (computer, smartphone, tablet, etc.) used to access the Website and to maintain external tools for reconstructing any lost data.
Estúdio Gole takes no responsibility on the usage of this Website and will not be liable for any failures, distresses, instabilities and any other flaws related to the devices and/or internet connection used to access the Website.
INTELLECTUAL PROPERTY
All Content available on the Website belongs to Estúdio Gole or to third parties who have assigned their rights of use to Estúdio Gole. Users are forbidden to employ, send, publish, present and/or associate Estúdio Gole and this Website with the intent to:
violate third party rights, including those of intellectual property;
encourage any illegal purposes and/or activities, including, but not limited to, threatening or insulting others, defaming, slandering, invading privacy, stalking, obscenity, pornography, racism, harassing or offending others, exploiting or harming children and teenagers;
iii. encourage any obscene and/or vulgar purposes or that in any way endangers and/or violates morality and good manners;
advertise any commercial enterprise or activity, except unless expressly authorized by Estúdio Gole;
solicit funds, raise sponsors, create crowdfunding, among others; and
post links that direct to websites and/or documents with content that fits any of the conducts described above and/or with malware, viruses, trojans horses or any codes, files or programs to access and/or damage third-parties’ devices or this Website.
The Projects available on this Website belong to Estúdio Gole or to third parties that assigned it to Estúdio gole so that, Estúdio Gole or the respective third party owns all rights, titles and profits related to the Content.
Usage and/or intellectual property rights are not transferred to the User by using the Website. So, the Projects may not be copied, distributed, republished, uploaded, posted or transmitted by and in any means without Estúdio Gole’s express consent, unless due credit is given to Estúdio Gole. In the latter case, the User may not remove, change or cause to be removed or modified the Projects and/or any copyright, trademark, trade name, service mark or any other proprietary notice on the Projects.
Modifying or using the Projects in any way other than as expressly described in these Terms of Use violates Estúdio Gole’s intellectual property rights and is subject to civil and criminal liability.
EXEMPTION AND LIMITATION OF LIABILITY
5.1. The Projects and other content on the Website are provided on an “as is” and “as available” basis, so the User will use the Website at its own risk.
Estúdio Gole is not making any representation or warranty of any kind, whether implied or explicit, such as, but not limited to, those relating to merchantability, suitability for a particular purpose, non-infringement, and any other warranty that may arise under any law.
5.2.1 Without any intention to limit or exhaust the matter, Estúdio Gole hereby clears out that it does not make the following representations or warranties:
It does not warrant or make any representation regarding the accuracy, probable results, or trustworthiness of the use of or otherwise relating to the Materials or on other websites linked to this Website;
It does not warrant that the content available on the Website is free from technical, typing, or photographic errors;
It does not warrant that Content available on the Website is accurate or up-to-date; and
It does not warrant that hyperlinks linking to third parties’ websites are safe.
5.3 Estúdio Gole, its Affiliates, Affiliates, Licensors, Service Providers, Content Providers, Employees, Agents, Directors and Officers shall not be liable for any possible, direct, indirect, punitive, actual, consequential, special, exemplary or any other damages arising out of the use of the Website.
USER’S LIABILITY
The User will be liable for violating any of the provisions of these Terms of Use. Thus, if any violation is verified, the User will be obliged to indemnify Estúdio Gole for all losses and damages (including lost profits and revenues) that may arise out of such violation. If applicable, User will be deemed to compensate third parties for any losses may arise out of violating these Terms of Use.
PRIVACY POLICY
By using this Website, User declares that has read and understood all the terms of the Privacy Policy and that fully agrees with the Privacy Policy.
GENERAL PROVISIONS
8.1. If any provision of these Terms of Use is held invalid, void or unenforceable by any court of law, all other clauses of the Terms of Use shall remain in effect.
8.2. Estúdio Gole’s choice and or failure to enforce any of the rights stated in these Terms of Use shall be interpreted as an act of mere liberality and it shall not be interpreted, in any way, as a waiver of such rights.
8.3. These Terms of Use bind the parties, as well as their successors, heirs, administrators, legal representatives and assignees, in case the assignment is authorized by Estúdio Gole.
8.4. The rights and obligations stated in these Terms of Use may only be assigned by the User with Estúdio Gole’s explicit consent.
8.5. The User agrees to receive all communications including notices, agreements, disclosures, advertisements, or other information from Estúdio Gole in the email address provided in the Contact Form.
8.6. As mentioned in the preamble, the Terms of Use may be changed at any time without prior notice. Visiting the Website after the Terms of Use are modified means that you have accepted such changes. It is your responsibility to read the updated Terms of Use whenever any alterations are announced.
8.7. These Terms of Use shall be interpreted in accordance with Brazilian law.
8.8. The parties shall submit all their disputes arising out, of, or in connection with these Terms of Use to the exclusive jurisdiction of the Courts in the city of São Paulo, State of São Paulo, Brazil.
PRIVACY POLICY
The present Privacy Policy (“Policy”) is made available on the website https://www.estudiogole.com/ (“website”) and reviewed by ESTÚDIO GOLE COMUNICAÇÃO VISUAL LTDA (hereinafter “Estúdio Gole” or “Agency”), a private legal entity, registered in the CNPJ under No. 31.839.800/0001-24, headquartered at Avenue Leôncio Magalhães n° 1509, Jardim São Paulo, city of São Paulo/SP, Zip Code 02042-011 (CEP), in order to clarify the form of treatment of Data.
We at Estúdio Gole recognize and reaffirm the importance of privacy, security and Data Protection to our customers and to all Data Subjects who may have their Personal Data processed in any way by us.
By browsing this Site or providing Personal Data, as a Data Subject, you are consenting and signifying your free and express agreement to the terms set forth herein. Therefore, if you do not agree with the provisions of this Policy, we ask you not to register your Personal Data and to immediately stop accessing and using this Site. You are also aware that this Policy may be modified without prior notice.
INITIAL CONSIDERATIONS
The General Data Protection Regulation n° 13.709/2018 (“LGPD”), in addition to other regulations, grants rights to individuals regarding the use of their Personal Data by organizations. In accordance with such standards, Data processing must be guided by a series of principles, in particular that of transparency, which is why this Policy is made available.
For the purposes of this Policy, we consider Personal Data to be any and all information relating to an identified or identifiable natural person, and the processing is any operation performed with Personal Data, including, but not limited to, the collection, production, receipt, use, access, transmission, distribution, storage, and deletion.
LAWFULNESS OF PROCESSING
Estúdio Gole understands the importance of the responsible use of Personal Data and, in strict compliance with the Principle of Necessity described in LGPD, collects, through the Contact Form (“form”) contained on the website, only the Data minimally necessary to provide the service. Therefore, we collect only your full name, email address. The Data is provided directly by the holder and guarantees the authenticity and veracity of the Data communicated to Estúdio Gole and will be the sole responsible for any false or inaccurate statements made.
They are used for registration purposes and to manage the relationship between the Estúdio Gole and its clients. The treatment of the Data performed by the Agency is based on the legal basis of Consent, the regular exercise of rights in legal proceedings and, when necessary, to meet legitimate interests, in accordance with art. 7, items I, VI and IX of law No. 13.709/2018, respectively.
SHARING WITH THIRD PARTIES
Estúdio Gole may share the aforementioned Data with third parties in the execution of some activities for the purpose of storage and database management.
SECURITY AND RETENTION OF PERSONAL DATA
The The Agency acts with precautions to safeguard the Data that make up its database, using technical measures to protect them. However, please be aware that no company is able to completely eliminate the security risks associated with the processing of your Data.
The personal Data collected remains stored for as long as necessary for the legitimate purposes of Estúdio Gole and is safely disposed of when its storage is no longer justifiable, in accordance with applicable law.
COOKIES
Estúdio Gole does not use any cookies or any other similar technology that is capable of collecting any type of information or tracking your activities on any web page.
RIGHTS OF DATA SUBJECT
Estúdio Gole respects the rights you have as the holder of Personal Data and we enable you to exercise them in accordance with the LGPD. Thus, in accordance with the applicable legislation, the holder has the right to request from the Agency:
Confirmation of the existence of Data processing;
Access to the Data;
Correction of incomplete, inaccurate or outdated Data;
Anonymization, blocking or deletion of unnecessary Data;
To erasure Data;
Requesting information about which entities the Personal Data has been shared with;
Information about the possibility of not providing consent;
The revocation of consent.
6.2 For any information regarding the processing of personal data, please contact us through e-mail contato@estudiogole.co informing your full name, e-mail and which right you would like to exercise.
UPDATES TO THE PRIVACY POLICY
Estúdio Gole reserves the right to modify this Privacy Policy according to the applicable legislation, at any time.
In case there is an alteration in this Policy, the new version will be published in this website, which will have an indication of the revision date, so that you can always be aware of the updated content. If you have any questions, comments or complaints regarding this Privacy Policy, you can contact us by clicking here.
São Paulo, April 2022