Terms of use

Com8s – collaborative system application provided by the website: http://com8s.com/, that permits the USER to store, organize and share contents and activities with study or work groups, and enable users to work in a collaborative manner with interaction between USERS in real time.

Content – all the information (such as data files, texts, software, music, audio or other sounds, photographs, videos or other images) that the USER can provide and have access by Com8s.

1. The relationship between USER and FORESEE

1.1 The use of products provided by FORESEE, including what is related to Com8s, implies acceptance of this Terms of Use, the Privacy Policy and the other terms and notifications that may come during use.

1.2 It is important that the USER reads these terms carefully and be aware that FORESEE can collect and use the provided information, always in accordance with the Privacy Policy.

1.3 Although FORESEE informs the USERS about relevant changes in this agreement, it is the responsibility of USER to verify, when accessing the Services, if he/she is in accordance with the Terms in force, at the moment of access and use, if not, should not use the Services.

1.4 For all purposes, including settlement of any doubts and controversies about this Term of Use, this will always be interpreted in the original language that has been established, namely Portuguese. The free versions in other languages offered here, not replace and do not override the original language version.

2. Acceptance of Terms

2.1 To use the Services, the USER must first read and accept all the Terms of Use.

2.2 As soon as starting to use the existing and future Services, the USER accepts, without reservation or exception, all the conditions of this Terms of Use. He/she will not be able to use the Services in cases where the Terms of Use have not been accepted.

2.3 The USER can start using the Services as soon as the registration process has been concluded as follows:

(a) a) clicking to accept or to agree to the Terms, when this option is provided by FORESEE in the USER interface for any Services; or

(b) b) by using the Services. In this case, the USER understands and agrees that FORESEE will consider this use as indicative of tacit acceptance of the Terms of Use, being subjected to all the clauses of present Terms of Use.

2.4 The USER could not use the Services and could not accept the Terms if: (a) has no legal capacity to sign contracts and contract obligations, (b) is a person prohibited from receiving the services offered here, according to the Brazilian laws or other countries including the country which USER resides or from which USER use the Services, or (c) is the person who has less than 18 (eighteen) years old at the time of registration.

2.5 Before proceed, it is recommended to USERS periodically consult the Terms of Use with regard to updates.

3. User privacy and personal information

3.1 For information about the data protection practices, the USER must read the Privacy Policy in: http://com8s.com/privacy-policy/. This policy explains how FORESEE deals with USER personal information and protects his/her privacy during the use of Services.

3.2 The USER agrees with the eventual collecting and use of his/her data in accordance with the Privacy Policy, as well as the divulgation of his/her personal information or data to third parties.

4. Registration, Services Account Creation and Security

4.1 To have access and continuity of the Services, the USER must provide information about himself/herself (for example, personal data, ID or contact details) as part of the registration process to use the Services. Thus, the USER agrees that any information registered and provided to FORESEE will always be precise, reliable and updated.

4.2 Yet with regard to the Registration, creation and maintenance of Services account and Security, the USER compromises:

a) a) To use the Services personally, not being able to authorize any third party to have access and use the Services in his/her name.

b) b) Not to yield or to disclose his/her password to third parties to enable access to the account.

c) c) To report FORESEE as soon as he/she has knowledge of any violation of password and security related to Com8s.

4.3 The USER will be sole responsible for all the activities that occur in his/her account.

4.4 For the use of Com8s the FORESEE offers the following plan for USERS:

4.5 The Com8s provides the tools described below and the use, access and features are linked to the category that the user will choose.

a) Files – a virtual storage space, sharing, download and upload files;

b) Forum – creates discussion of a particular subject or theme between users;

c) Messages – a tool that allows users to receive and manage messages with other users;

d) Videoconferencing/Chat – allows the exchange of messages between users in real time.

4.6 With the objective to maintain the security for all USERS, the USER will have to be committed not to:

a) Participate, facilitate or to promote acts that are considered as illegal behaviour by the current legislation.

b) Use the Services in a way that could harm other USERS, FORESEE or its partners.

c) Use or to try to use means that could modify or redirect the Services.

d) Practice acts that attempt to damage, destabilize or interfere with the use of Services.

e) Practice acts that attempt the reselling or redistribution of Services, even if only in part.

f) Use the Services in any way to carry out the transmission, distribution, posting or the providing of unauthorized commercial communication for any USER, in the manner characterized as “spam”.

g) Upload files which he/she is not aware of the authorship and origin or those that evidently can contain virus or malicious code.

h) Publish, to propagate or to disseminate calumnious, abusive material or that which invades the privacy of third parties, as well as those related to illegal, threatening, racial or ethnically offensive content.

i) Publish, to propagate or to disseminate material protected by copyrights, without the author’s authorization or its representative, that characterize acts of counterfeiting and piracy, which means, the violation of intellectual property rights and image rights.

j) Publish, to propagate or to disseminate pornographic material, image and/or obscene language or illegal activities including those related to the breaking of rights covered by the Statute of the Child and the Adolescent, which could contain nudity or gratuitous violence.

k) Copy and collect information about the USERS, using robots, “spider”, or other similar devices by automated or manual processes.

l) Publish, to propagate or to disseminate information about illegal activities and incitation of crime.

m) Divulge as himself/herself, names, contacts and other information that are not related to the USER without the consent of third parties.

n) Promote acts of political propaganda for candidates, parties or coalitions, as well as propaganda regarding to their agencies or representatives.

o) Announce or to promote any type of on-line sales, even if those products were created by the USER.

p) Promote, to stimulate or to facilitate the violation of the terms of this Term.

4.7 FORESEE reserves the right to close the USER account, without previous notice, if it understands there was any violations of the security practices above.

5. Applications and functionalities related to Com8s

5.1 Com8s is a collaborative application that allows the USER to store, organize and share application contents and data, endowed with applications and activities intended and destined for study or work groups, and enable to work in collaborative manner and with interaction between USERs in real time.

5.2 The USER agrees to only use the Services for the purposes allowed within (a) these Terms of Use, and (b) any law, regulation in the pertinent jurisdictions (including any laws related to the exportation of data or software).

5.3 As for the contents stored, organized and shared when using Com8s, the USER must be aware of the following restrictions and comments, under penalty of characterize violation of the Terms of Use, making possible the account closure:

a) As a general rule, the person who originated content is responsible for it. Therefore, the USER is entirely responsible for the content that he/she makes available and posts to his/her “Space”, and will also have responsibility for any improper content made available and posted by any one of the members of his/her “Space”, called for the purpose of this Term, “Co-Mates”.

b) The USER is solely responsible for any Content that he/she creates, transmits or shows during the use of the Services, as well as for the consequences of his/her actions (including any loss or damage that others can suffer).

c) The USER is aware that FORESEE does not control or even endorses the content provided or posted by the USER or by “Co-Mates”, that is to say, FORESEE does not have responsibility for the inspection and monitoring of the posted contents.

d) The confidentiality of the posted contents is the solely responsibility of the USER, considering that the USER manages access to post such information and content.

e) The USER must possess all the necessary authorizations and licenses for publication of contents related to image, sound of third parties, as well as copyrights, trademarks and patents.

5.4 FORESEE has the right to decide if the content posted by the USER violates the Terms of Use, being able, and within its powers, to remove, refuse to distribute and refuse to post any content without previous notice.

5.5 FORESEE does not monitor the activities of the USERS, however reserves itself the right to have access and to read any content posted by the USER if it believes it is necessary for verification of violations of Terms of Use and to: i) attend to any legal determination; ii) to detect or to prevent eventual violations and information fraud attempts, investigations.

5.6 The tools, characteristics and possibilities of content storage by the USER are directly related to the usage and the services contracted. In this respect, there are relationship policies for each USER mode.

5.7 FORESEE will complete the content storage in the conditions and characteristics previously established for each USER, the same being applied for the other tools that are offered or come to be offered.

5.8 When the account is cancelled or suspended the stored data can no longer be accessed or recovered thereafter, is recommended that the USERs take a security copy of posted content in Com8s. It is the responsibility of the USER to save his/her files or other contents.

5.10 The Com8s it is not characterized as virtual contents storage service, and for this reason, eventual failure or data transmission problems that can occur are not the responsibility of FORESEE.

5.10 Inactive accounts will be canceled and their contents will be deleted by FORESEE. For purposes of these Terms of Use will be considered inactive accounts those who remain without access for a period exceeding 90 (ninety) days from the last access.

5.11 When the USERS voluntarily deactivate their Com8s account, all its contents will also be deleted automatically. With regard to shared content, this will also be deleted.

6. Transferring

6.1 The USER could not transferring account and “Co-Space” ownership, as well as the entire contents of stored data.

7. Applications Updates

7.1 FORESEE is continuously modifying its softwares, tools and applications to improve the service to its USERS. Thus, the USER recognizes and agrees there may occur changes in the systems, functionalities and tools offered.

7.2 FORESEE will be able to interrupt (permanently or temporarily) access to Com8s by the USER at the exclusive FORESEE discretion. The USER will be able to interrupt the use of the system at any time without necessity to inform FORESEE. This interruption will not be considered as a contract rescission.

7.3 The USER agrees that at the FORESEE discretion the applications and tools available in Com8s system can be modified at any time and at the exclusive FORESEE discretion.

8. Denounce Violations

8.1 FORESEE considers that all USERS of the Com8s system possess the interest to be associated and to share allowed content for common interest, within a collaborative spirit. Even though, aiming at the protection of third parties rights, provides communication forms where it is possible to denounce violations.

8.2 To denounce, FORESEE provides, to any registered USER, a proper denunciation form, where all the information and data about the infraction must be input, such as intellectual, property or moral rights, third parties image and digital crimes, as the described in item 4.

8.3 The incomplete fulfilling of denunciation form by the USER can imply its non acceptance for transmission to FORESEE.

8.4 The denouncing USER is responsible for the veracity of the given information, as well could be responsible to attend to the third parties rights for eventual damages, in the case of false denunciation.

8.5 The process of analysis and reply to the denunciation is described in the form, even though FORESEE reserves itself the right and discretion to remove the content contested until the final solution of the denunciation, saved where there is a legal determination to the contrary.

9. Applicable Rules exclusive for USERS

9.1 FORESEE provides to the USERS some differentiated tools and characteristics. To have access to such Services, the USER will have to complete a specific contract, which will require due payment.

9.2 The subscription for services, applications, additional tools, etc. will be covered by specific terms in regard to the financial matter and payment.

9.3 FORESEE reserves the right to establish charges and rates for Services eventually provided even for those that were not paid at the time of the contract signature, being those services considered as a free trial until the required payment notification.

9.4 The non adherence to the paid Services will be considered as not requested by the USER, generating the interruption of those Services from FORESEE, without notice.

10. Other content

10.1 FORESEE will be able to include advertising and hyperlinks for other advertisers and partners’ websites with varied contents.

10.2 The USER recognizes and agrees that FORESEE is not responsible to provide any websites or external resources and does not endorse any ad, product or another material in related websites or resources.

10.3 The USER recognizes and agrees that FORESEE will not be responsible for any loss or damage that can be caused to the USER as result of the services, products or contracted services eventually offered in such websites or external resources, also does not take responsibility for the accuracy or existence of any ad, product or material available in any website or resources.

11. Changes in Terms of Use

11.1 FORESEE may, at its own discretion, make periodic changes to the Terms of Use. When these changes are made, they will be dated and FORESEE will immediately provide a new copy of the Terms of Use in its website in the Internet or directly at http://com8s.com/privacy-policy/.

11.2 The USER understands and agrees that without revealing formally his/her objection to the changes in Terms, FORESEE will consider that the continuity of the system application use means the acceptance of those changes.

12. Deactivation

12.1 If the USER no longer want to use the Com8s system application of FORESEE, he/she can simply access his/her account, through the login and password, and complete the deactivation.

12.2 FORESEE can, at any time, close the USER account if:

(a) the USER has violated any disposal of the Terms of Use, or

(b) the account is considered inactive as described in Item 5.10 of this Terms of Use, or

(c) FORESEE is obliged to do so by law or legal determination, or

(d) any other reason, within 30 (thirty) days of notification to the USER.

The notification will not be mandatory when the rescission is related to that contained in items “a “, “b” and “c “.

12.3 If the USER utilizes any paid applications or tools, the acceptance of the Rescission on the part of FORESEE does not mean the repayment or release from outstanding debits, which will have to be the object of a voluntary payment or a judicial collection.

13. Communications

13.1 For all purposes, especially for communication between the USER and FORESEE, all should be taken as follows:

a) from FORESEE to the USER: by e-mail at the address provided at the time of registration, or by a notice posted in the USER’s “Space”.

b) from USER to FORESEE: by form available in the USER contact area or by email message sent to the customer service dept at: com8s@com8s.com.

14. General Legal Terms

14.1 If any of the constant terms of the present instrument were considered not valid by legal determination, this invalidation will not affect other terms of the document, which will remain perfectly valid.

14.2 The obligations contained in this Terms of Use are personal and not transferrable for third parties, save with express and in writing agreement by FORESEE.

14.3 FORESEE can yield and transfer, integrally or partially, at any time, with or without previous notice and consent of the USER the obligations contained here.

14.4 Any legal relationship resulting from the Terms of Use will be conducted by the laws of the Brazilian Federal Republic, and the parties elect, to resolve any controversies resulting from it, the Forum of the Capital of Paraná State.

14.5 The USER confirms and guarantees to FORESEE, which has the civil legal capacity to be submitted to these Terms of Use, that he/she is in agreement with everything displayed above.

Curitiba, 27 April 2011.