SERVICE TERMS

TERM OF SERVICE

 

Please read carefully before using the services offered by www.estilolivrecriacoes.com.br

 

Estilo Livre provides users with an automated Internet-based service to design and sell T-shirts and other custom products. By using the Estilo Livre and its services in any capacity, you have agreed to the terms and conditions of this Agreement and you agree to use the site and the service solely as set forth in this Agreement. For further clarification on these Terms of Service, please see the Estilo Livre FAQ section.

 

USER AGREEMENT TERM

By violating this User Agreement in any capacity, you will be subject to immediate removal of your campaign (s), possible loss of profit (s), and possible suspension or termination of your account.

Estilo Livre provides your site and services related to you (Seller or you) subject to this User Agreement (the Agreement), the Intellectual Property Claim Policy, the Policy of Counter Notification, Repetition Intellectual Property Claims Policy, Reimbursement Policy and Privacy Policy (this Agreement and the above policies collectively referred to as the Terms of Service). All terms and obligations set forth in the policies above are incorporated by reference.

Agreement between the parties. Subject to the terms and conditions of this Agreement, during the Term, Estilo Livre shall manufacture and deliver, on behalf of Seller, the goods as specified and arranged by Seller in accordance with this Agreement.

Order and delivery procedure. The ordering procedure in relation to the sale of goods will be as agreed by the parties, as provided in the Estilo Livre website. Unless otherwise expressly agreed by the parties in writing, Estilo Livre shall select the method of shipment and the carrier for the merchandise. Any time listed for delivery is only an estimate; provided that, however, Estilo Livre uses all commercially reasonable efforts to deliver all merchandise before or on the requested delivery date. No delay in the delivery or delivery of any merchandise releases Seller from its obligations under this Agreement.

Printing variation. The production of the product is generated from the artwork and the estimated positioning provided by the seller. Print size and exact location may vary by product size. The colors are best combined with the artwork provided. Estilo Livre can replace comparable products if inventory becomes a problem. The exact size, location, and color of the print is not guaranteed.

Price and Payment. Seller shall determine the price of the merchandise sold for each campaign and Estilo Livre shall retain from the customers payment its determined base price as the cost of the goods sold (including any additional charges and fees that the Estilo Livre determines necessary to comply with the terms of this Agreement ) and remit to Seller any amount greater than this base price (Seller Profits).

 

CREATING A CAMPAIGN ON THE ESTILO LIVRE SITE:

 

• You agree to accept and comply with the Estilo Livre Terms of Service in its entirety.

• With respect to any trademarks, service marks or copyrights you have licensed from its owner (the Licensed Rights), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.

• You agree that you are the owner or licensee of all rights associated with any artwork or text created or submitted, including, but not limited to, trademarks and copyrights that may be associated with such material. If you are not the owner, you agree to provide the Estilo Livre with evidence of the permission given by the owner.

• You agree that the description and the title of the campaign, not in itself or in addition to the texts and images presented in the merchandise created, violate the rights of third parties.

• You understand and agree that the Estilo Livre may, in its sole discretion, release your contact information to a third party who satisfactorily claims, under the Estilo Livre Intellectual Property Claim Policy, unauthorized use of your property intellectual.

• Upon receipt for the Estilo Livre of an allegation of infringement related to the Estilo Livre Intellectual Property Claim Policy, at the sole discretion of Estilo Livre, your campaign may be subject to immediate cancellation, possible loss of profits and suspension or termination of your Estilo Livre counts.

• You agree not to provide false information in your campaign, including, but not limited to: the quantity of product for sale, the source of the products production, or the intended recipient of the profits.

• You agree not to solicit potential buyers through information posted to your campaign other than the purchase of the major item (s). This includes sweepstakes, winnings and other representations of additional opportunities beyond the sale of the main item being sold.

• You agree to defend, indemnify and hold Estilo Livre and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys? fees, arising out of or in connection with your use of the Estilo Livre website and services, of this Agreement or your violation of any rights of another.

• You agree that Estilo Livre is not responsible for any consequential, indirect or special damages, including, but not limited to, lost profits, associated with any action taken by Estilo Livre under this Agreement or your use of the Estilo Livre service .

 

INTELLECTUAL PROPERTY CLAIM POLICY

Estilo Livre prohibits users from using the service to sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade image, and advertising right). Estilo Livre will consider claims for possible infringement only of parties that have, or have the exclusive right to exploit, intellectual property. Estilo livre is not in a position to judge disputes. If you believe that a campaign contains content that is not authorized, after receiving the information listed below, Estilo Livre will provide the campaign owner with their contact and correspondence information and will direct the campaign owner to contact you within seven ( 7) days to resolve this dispute. If the campaign owner does not contact you or the issue is not resolved satisfactorily, please contact us. In the event of an alleged breach, in our sole discretion, the Estilo Livre may overturn the campaign and reimburse all purchasers, provided that the conditions below:

 

If you believe that your intellectual property rights have been violated by a Estilo Livre user, please notify the Estilo Livre at legal@estilolivrecriacoes.com.br  You should include the following information in your notification:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property you claim to be infringing.

• The URL for the Estilo Livre campaigns used in connection with the sale of the allegedly infringing merchandise.

• Identification of copyrights, trademarks or other rights that were allegedly infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).

• Your full name, address, phone (s) and email address (es).

• A statement that you believe, in good faith, that the use of the material in the submitted URL is not authorized by the copyright owner or its licensee, and that use is tantamount to a violation under federal or state law.

• A statement, under penalty of perjury, that the information contained in the notice is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right allegedly infringed.

 

CONTRACTING POLICY

If you believe that a claim of intellectual property infringement has been registered by mistake or misidentification, you may file a counter-notification. If you materially misrepresent in your counter-notification that your design is not infringing on intellectual property, you may be held liable for damages to the intellectual property owner (including costs and attorney fees). Therefore, if you are unsure whether the material infringes intellectual property or not, contact a lawyer before filing the counter-notification. The counter notification must be sent to legal@estilolivrecriacoes.com.br  and must contain:

 

• Your physical or electronic signature;

• Your full name, address, telephone (s) and e-mail address;

• Identification of the material and its location before it is removed, either by URL for the Estilo Livre campaigns used in connection with the sale of the allegedly infringing merchandise or the Estilo Livre campaign number;

• A statement under penalty of perjury that the claim of infringement of intellectual property that led to the removal or blocking of access to the material was archived by mistake or misidentification;

• Your consent to the jurisdiction of a federal court in the district where you live.

• Your consent to accept the process service from the party that sent the removal notice.

If you submit a counter notification, a copy of the counter notification may be sent to the complaining party informing the complaining party that the Estilo Livre may replace the removed material or cease to deactivate it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored within 10 to 14 business days upon receipt of the counter-notification.

 

REPEAT THE INTELLECTUAL PROPERTY POLICY

If Estilo Livre receives repeated notifications that you have posted the intellectual property of others without permission, Estilo Livre may terminate your account. Estilo Livre has a system for tracking new violators of other peoples intellectual property rights and determining when to suspend or terminate your account.

Generally, when content is removed and you´ve posted because the intellectual property owner of that content has sent us a complete legal request to do so, you´ll receive an intellectual property warning. If you receive three intellectual property notices within one year, your account will be suspended for a period of one month. If you receive four intellectual property notices within one year, your account will be suspended for a period of three months. If you receive five intellectual property strikes within a period of one year, your account will be suspended for a period of six months. If you receive six intellectual property notices within one year, your account will be terminated.

If you submit a counter notification in response to the notice of the owner of the intellectual property and such counter-notification is not answered by the owner of the intellectual property, or if the dispute results in legal proceedings that result in a court decision that you have not infringed the intellectual property owner, Estilo Livre will take the notification you were given for posting that content. Likewise, if the intellectual property owner withdraws their notification, Estilo Livre will remove the warning.

 

The Estilo Livre reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many attacks are involved.

 

ESTILO LIVRE RESPECT THE PRIORIZED, LEGITIMATE RIGHTS OF THE FIRST TO PUBLISH A CAMPAIGN

Sometimes, later campaigns copy previous campaigns that contain original artwork on our site. Our policy is that each original image or design uploaded in the Estilo Livre is protected against exact duplication, or used in a similar confusing (trademark) or substantially similar (copyright) manner.

Estilo Livre will accept complaints and notifications of potential infringements of customers claiming ownership of the original content from an earlier campaign.

Once notified, Estilo Livre may, in its sole discretion, remedy any alleged violation by removing any unauthorized content. Alternatively, Estilo Livre may notify the allegedly infringing party and provide notice. Instances of other infractions may lead to the possible suspension or termination of the account of the party that was allegedly violated.

For more information about these policies, see the Estilo Livre FAQ section.

If you see a campaign containing your original image or design and would like to report it to Estilo Libre, please contact us at legal@estilolivrecriacoes.com.br  with the following information:

• The URLs used in connection with the sale of the allegedly infringing goods; and

• The URL (s) of your campaign and the date of first use.

 

LIABILITY AND TAX MATTERS

The Estilo Livre shall retain all applicable income taxes on any payments or Seller Profits due to Seller.

Seller shall be solely responsible for the payment of its own tax liabilities that may arise under the Contract and will indemnify the Estilo Livre for any tax liability, including for withholding of federal income tax, that may arise as a result of this Agreement.

 

INDEMNITY Seller shall indemnify, defend and hold affiliates, officers, directors, officers and agents of the Estilo Livre against all claims, demands, actions, damages, liabilities, losses, settlements, costs and expenses (including attorneys fees) arising out of or relate to (i) any content posted or posted by Seller, (ii) Sellers use or connection to the Estilo Livre site, (iii) Sellers breach of any of the terms of this Agreement or the Terms of Service or iv) breach by Seller of any rights of third parties. To ensure Sellers immediate and complete payment and performance of any and all current and future indebtedness, obligations and liabilities of the Free Seller, including with respect to any indemnity arising out of the Agreement or the Terms of Service, Seller grants a security interest. All proceeds of the merchandise (including sellers profits and insurance proceeds). The Estilo Livre shall be entitled to all applicable rights and remedies of a guaranteed party under applicable law.

 

IN NO EVENT SHALL LIABILITY ADDED TO ESTILO LIVRE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TERMS OF SERVICE, ARISING OUT OF OR RELATING TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PRICE OTHERWISE OBLIGED TO SELLER AS SELLERS PROFIT.

 

MISCELLANEOUS PROVISIONS

The Terms of Contract shall prevail over the Purchase Order of the Sellers Campaign. The parties intend the express terms and conditions contained in this Agreement (including any schedules and exhibits contained herein), and the pricing terms set forth for each campaign to govern and control exclusively the rights and obligations of each party in relation to the subject matter of this Agreement Agreement, and this Agreement is expressly limited to such terms and conditions. Any attempt to modify, replace, supplement or modify this Agreement shall not modify this Agreement or be binding upon the parties unless such terms have been fully approved in a document signed by both parties.

 

Relationship of Parties. Nothing in this Agreement or the Terms of Service creates any agency, joint venture, partnership or other form of joint venture, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create obligations on behalf of or on behalf of the other party or to bind another party to any contract, agreement or undertaking with third parties.

 

Total agreement. This Agreement (and the Terms of Service) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, in writing and in relation to the subject matter. .

 

Assignment. Seller may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the Estilo Livre. Estilo Livre may assign any of its rights or delegate any of its obligations described herein, at the sole discretion of Estilo Livre.

 

Divisibility. If any term or provision of this Agreement (or the Terms of Service) is invalid, unlawful or unenforceable in any jurisdiction, such invalidity, unlawfulness or unenforceability shall not affect any other term or provision of this Agreement (or the Terms of Service) or invalidate or render such term or provision in any other jurisdiction is inapplicable.

 

Applicable law; Local. This Agreement and the Terms of Service shall be governed by the laws of Brazil, State of São Paulo, without giving effect to the principles of conflict of laws. Each party consents to the personal jurisdiction of the federal, state or local courts located in São Paulo / SP. Each party agrees that any court should have personal jurisdiction over that party and consent to the service of process through notice sent to the address set forth above and / or by any means authorized by law.

 

Exemption from the Jury Trial. Each party waives any right it may have to a jury trial in respect of any legal action arising out of or relating to this Agreement or the Terms of Service.

 

RETURN POLICY

Estilo Livre works hard to ensure that all of our campaigns are printed with high quality standards and delivered on time and accurately. The Estilo Livre accepts returns and will issue a refund or replacement within 30 days after the end of the campaign or 10 days after delivery (whichever is later) for any of the following reasons (with visual confirmation):

 

• The product itself is flawed;

• Poor print quality; or if the final product is materially different from the design presented in the campaign.

 

If your purchase meets any of the above criteria, please contact Estilo Livre at suporte@estilolivrecriacoes.com.br

 

API requests (third-party applications). Any claims for items with misprints / damaged / defective items must be submitted within 30 days of the receipt of the product. Any claims found to be an error on our part will be eligible for refund or replacement at our expense. These services are operated and provided by Free Style Creations. If you have any questions about these Terms, please contact Estilo Livre at suporte@estilolivrecriacoes.com.br.

 

 

CONSUMER DEFENSE CODE

http://www.procon.sp.gov.br/pdf/CDCcompleto.pdf

 

English version:

 

http://www.procon.rj.gov.br/procon/assets/arquivos/arquivos/CDC_Novembro_2014_Ingles.pdf