The Inspirarte Platform ("Platform"), developed and made available by FCS Comercial Importadora e Exportadora Ltda. ("Provider") and supported by Faber-Castell ("Sponsor"), for you ("User"), have your access and use regulated by these Terms and Conditions of Use ("Terms").
The Platform consists of space for exhibiting techniques related to the plastic arts, to encourage the creation of artistic expressions such as drawings, paintings, etchings, among others. In order to do so, the Provider conducts curation made available by third parties on the Internet, in order to create a collection of the best materials available for learning artistic techniques and to inspire Users and encourage their artistic production.
The free, express and informed acceptance of these Terms will occur through the User click on the accept button, when you first access the Platform
Access to the Platform by the User will be through the website, available at inspirarte.art, being the access to the features available there subject to the free registration of the User on the Platform.
In order to carry out its registration, the User must provide only true data, capable of allowing its proper identification. If the requested information is not provided by the User on his / her first access, it will not be possible to use the Platform.
The User may choose to perform his / her registration in the Platform by means of linking to his / her account in other social networks, in which case the Provider will collect all the public information available in the User profile, performing the registration based on this information and consenting to the User with the collection of such information. Also, by opting for this form of registration, the User acknowledges that it will be subject to the Terms of Service of the selected social network.
By accepting these Terms, the User hereby acknowledges that the Provider may make new features available on the Platform accessible to the User for remuneration.
In addition to freely navigating the Platform after the registration is done, the User will be able to express himself / herself about the videos made available to him / her, allowing them to enter comments, interacting with the other Users. Thus, when browsing and using all the functionality made available in the Platform, the User shall respect the conditions established in these Terms.
By accepting these Terms, the User declares that: (i) he is civilly capable under Brazilian law; (ii) he is aware that he will not be able to insert in the Platform any content that is illegal or has elements that are violent, pornographic, degrading or, in general, contrary to morals and generally accepted good customs; and (iii) will not include in the Platform any incorrect or untrue information as well as any content defamatory or violating third party rights.
In order to guarantee the security and reliability of the Platform, the User further acknowledges that: (i) it will not be able to incorporate viruses into the Platform or other harmful elements, damaging the systems of the Provider or other Users, or that, due to their characteristics (such as shape, extension, etc.), make it difficult to function normally; (ii) will not make available on the Platform any content that violates the intellectual property rights of third parties; and (iii) it will not insert in the Platform any hyperlink that directs to illicit, malicious content or in any way violates the morality, good customs or these Terms.
The User acknowledges that in all cases, he will be solely liable, including before third parties, for his use of the Platform, as well as for any content contained therein, exempting the Provider from any liability for any damages or losses due to its use or incorrect, incomplete or untrue information inserted in the Platform.
The Provider will not make any previous filtering of the comments and contents made available on the Platform by the User. However, you may, at any time and in your sole discretion, exclude any comments or content entered by any user of the Platform, in case it violates Brazilian law, morality and good customs or the provisions of these Terms.
The videos and images made available on the Platform are freely available on the Internet, and may have limited or closed access at any time by its authors or by the person responsible for their hosting, which will result in the end of access to the content through the Platform . Thus, by accepting these Terms, the User hereby declares that the Provider is not responsible for the availability of the videos and images, nor for their content, as they are contents developed and made available by third parties.
The Provider does not own, nor does it claim to be, any of the artistic techniques images made available on the Platform, legally incorporating such videos and images in the Platform, in compliance with the Terms of Service of the platforms in which they were originally disclosed or by the celebration of agreement with the author of the content.
All text, images, photographs, trademarks, logos, icons, technologies, links and other audiovisual or sound content, including software, graphic designs and source codes made available in the Platform, except those indicated in item 2.3, as indicated in the Platform, are the exclusive property of the Provider and are protected by international laws and treaties, and its copy, reproduction, or any other type of use is prohibited, and violators are subject to the corresponding civil and criminal sanctions, pursuant to Laws 9.279 / 96, 9.609 / 98 and 9.610 / 98.
Periodically, the Provider may indicate specific themes or techniques, inviting Users to send their artistic works related to the subject, for dissemination in the gallery available in the Platform ("Gallery").
The submitted works can be analyzed by the Users of the Platform. Those that are chosen as best works by the Users will be published prominently in the Platform, and may also be disclosed in social networks, by the Provider and / or Sponsor.
The User, in making any work available in the Gallery, grants to the Provider and the Sponsor a license to disseminate such work, not only in the Platform, but also in other physical or electronic means, including the use of such work for advertising purposes, without any value being due to the User due to said license.
Any and all content made available in the Gallery that is considered inappropriate, unlawful, contrary to morality and morality or contrary to these Terms may be removed by the Provider, in its sole discretion, without any need for prior notice or indemnification to the User.
In addition to each video available in the Platform, it will be possible to present products indicated for the accomplishment of the technique portrayed. By selecting any of the products presented, the User will be redirected to the marketplace, whereby Users can purchase the products available.
By accepting these Terms, the User acknowledges that the products offered in the marketplace are offered and marketed by third parties, exempting the Provider and the Sponsor from any responsibility regarding the adequate provision of service and delivery of the products by third parties.
The Provider or the Sponsor, its representatives, agents and employees, shall not be liable for: (i) any unavailability, errors or failures of the Platform, as well as for any fraudulent use that the User may have attributed to it, for its fallibility , nor for any difficulty of access; (ii) errors or inconsistencies in the transmission of data or the quality or availability of the Internet signal; (iii) any storage failures that exceed any reasonable control of the Provider or that result from failures in the provision of services contracted by third parties; (iv) for any products or services offered by third parties, eventually made available or disclosed in the Platform; (v) the existence of viruses or other harmful elements in the Platform that may cause changes in its computer systems (software and hardware) or electronic documents stored in the User's computer systems, being exempt from any liability for damages and losses that may occur of any harmful elements or knowledge that unauthorized third parties may have of any of the information provided by the Platform, as a result of a failure exclusively attributable to the User or to third parties that are beyond reasonable control; and, (vi) for damages resulting from untrue or offensive information entered by users themselves on the Platform, at which time User will be solely responsible for their interactions, according to current legislation.
The Platform is made available to Users for an indefinite period, reserved to the Provider the right to modify, suspend or terminate access to the Platform without prior notice, and no indemnification is due to the User due to the termination of access.
The Provider reserves the right, although not obliged to verify the use of the Platform by the User, in order to verify any Users that use it in an improper, illegal, inappropriate or contrary to these Terms. Aware of any violation of these Terms or other legal provisions of the Brazilian legal system, the Provider may perform the immediate exclusion of the User from the Platform, without prejudice to applicable civil and criminal penalties.
Any clause or condition of this instrument that, for any reason, will be deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of this Agreement, which will remain fully valid and binding, generating effects to the maximum extent.
The failure of the Provider to claim any rights or provisions of these Terms shall not constitute a waiver and may exercise its right regularly, within the legal time limits.
These Terms may be changed at any time, without prior notice to the User, unless there is a legal obligation to do so. Therefore, it is recommended that User verify the date of update of these Terms, indicated at the end of the document, with each new access to the Platform. If you do not agree to the new version of the Terms, you must refrain from using the Platform.
The User may contact the Provider, at any time, by e-mail [email protected] The Provider may contact the User through any contact information provided by the Provider on the Platform.
This legal relationship is governed exclusively by Brazilian laws, including any actions arising from violation of its terms and conditions.
The Forum of the District of the Capital of the State of São Paulo is hereby elected to resolve any doubts, questions or disputes arising from these Terms, renouncing the parties to any other, however privileged it may be.
Last update: 5/2/2016.