TERMS OF USE

PKO Glass headquartered in the city of Mogi das Cruzes in the state of SP at Avenida Antônio de Almeida No. 1111 available at the link https://pkodobrasil.com.br/, for you (hereinafter “You” or “User”).

1. OUR SERVICE

Our credibility, innovation, flexibility, commitment and transparency lead us to constantly seek innovation, through investments in technology and human development of our employees. Such factors are fundamental for the recognition of PKO (hereinafter “PKO Vidros”) as a reference in the market.

2. USE OF PKO 

Everything you post or otherwise make available on PKO is content. You retain all rights to the content and are solely responsible for the content you publish on PKO.

In this sense, when inserting content into PKO, including photographs and other information, as well as comments on creations, the User declares to hold all necessary and pertinent rights to the dissemination of the materials in question, primarily with regard to copyright on the images, creations, texts and other elements and also the image rights of third parties eventually portrayed in such images.

You grant PKO and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works from, perform and distribute your Content posted on PKO exclusively for the purposes of operating, developing, providing and using the Service. Nothing in these Terms shall restrict other legal rights that PKO may have in the content, for example under other licenses. We reserve the right to remove or modify content, or change the way it is used on the Service for any reason, including content that we believe violates these Terms or any other policies.

In short, you give PKO permission to use your content. This means PKO can display and play your Pins and videos, and people can use them around the world.

When accessing PKO, the User will have access to various functionalities, available regardless of prior registration, as well as other resources available only after providing the identification data requested for registration purposes.

You must not post Content that encourages conduct that violates laws or regulations, including, without limitation, laws or regulations applicable to your line of business and advertising. You are responsible for the Content and all Third Party Content posted to your Boards, and you represent and warrant that the Content and all Third Party Content posted to your Boards comply with all applicable laws and regulations. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise use the Service without our permission.

You agree that any Content you post on PKO does not and will not violate any laws and will not infringe the rights of any third party.

Furthermore, the User acknowledges that he or she is solely and exclusively responsible for all information provided through PKO, including if it is eventually inaccurate, incomplete or out of date.

Furthermore, the User declares to be aware that he/she is solely responsible for any damages and losses possibly suffered by third parties due to the improper provision of content and/or provision of incorrect, inaccurate or outdated information, as well as comments containing illegal content and/or in any way prohibited by these Terms, exempting the Provider from any and all responsibility for the content provided by the User.

In this sense, the User declares to be aware that the Provider may, without having any obligation in this regard, check the contents made available on PKO and arrange for their removal if it understands that they violate the provisions of these Terms and/or Brazilian legislation, as well as the morals and good customs, with no prior notice to the User or compensation required as a result.

2.1. WHO CAN USE PKO

You expressly agree that you will only access or use PKO for the purposes for which it is intended, including those permitted by these Terms and current legislation.

Furthermore, the User, by accepting these Terms, declares to be civilly capable before the law, or to be duly authorized by their legal guardians to accept these Terms.

Furthermore, by accepting the Terms and using PKO, the User declares to be aware that:

The User declares to be aware that he or she is solely responsible for the use of PKO, exempting the Provider from liability for any illicit and/or inappropriate use of PKO and/or contrary to these Terms.

Furthermore, the User may create a direct link to any PKO page, aware that it must clearly identify that the link in question is connected to a PKO page. Therefore, when creating the link, the User expressly agrees that:

  1. You will not use any technology that results in the PKO content being moved to a frame and/or a reduced pop-up window and/or any other display mechanisms that change the appearance of the PKO as it appears in direct access;
  2. Your website must not display content or links to other websites that contain illegal, obscene, indecent, derogatory, discriminatory or otherwise offensive content, under the law;
  3. Hold all necessary rights to use the adopted domain name, as well as not violate any rights of third parties due to the provision of content;
  4. You shall not, in any way, access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of PKO.

PKO reserves the right to revoke this link creation permission at any time, according to its own criteria, in which case the User agrees to immediately cease using the link.

2.2. OUR LICENSE TO YOU

Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, revocable license to use our Service.

3. YOUR CONTENT

3.1. POST CONTENT

All texts, images, photos, illustrations, icons, layouts, designs, resources, systems, databases, images, technologies, links and other visual, audiovisual or sound content, including graphic designs and PKO source codes, are exclusive property of the Provider (or third parties who have authorized their use by the Provider) and are protected by national and international laws and treaties, with copying, reproduction, downloading or any other type of use for commercial or non-commercial purposes being expressly prohibited.

All trademarks, commercial names and logos of any kind presented on PKO are the property of the Provider (or third parties who have authorized their use by the Provider) and the use of PKO cannot be understood as an authorization for Users to use the trademarks , trade names and logos.

Furthermore, by making content available on the website you grant and transfer an irrevocable, perpetual, non-exclusive, free and worldwide license for the Provider to use, copy, replicate, display and distribute the content, as well as prepare derivative works thereof, or incorporate in other works to the content, as well as freely dispose of it.

The improper use of these protected materials will constitute a flagrant violation of the relevant legislation, leaving you or any third party who makes such use subject to the appropriate judicial and/or extrajudicial measures that may be necessary, without prejudice to compensation for losses and damages caused.

3.2. HOW LONG DO WE KEEP YOUR CONTENT

Upon termination or deactivation, or if you remove any Content from PKO, we may retain your Content for a reasonable period of time for backup, archival or audit purposes. PKO and its users may maintain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform and distribute any Content that other users have stored or shared on PKO

4. COPYRIGHT POLICY

PKO has adopted and implemented the Copyright Policy in accordance with the General Data Protection Law. The Provider is committed to maintaining the privacy and security of all non-publishable information, understood as, but not limited to, that related to your data and personal information, which You must provide to PKO, in accordance with its Privacy Policy, available at https://pkodobrasil.com.br/politica-de-privacidade.

5. SECURITY

We care about the safety of our users. While we work to protect the security of your content and account, PKO cannot guarantee that unauthorized third parties will not be able to bypass our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

6. THIRD PARTY LINKS, SITES AND SERVICES

PKO may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by PKO. We do not endorse or assume any responsibility for any third-party websites, information, materials, products or services. If you access any third party website, service or content from PKO, you do so at your own risk, and you agree that PKO will have no liability arising from your use of or access to any third party website, service or content .

7. CLOSURE

The PKO is made available to the User for an indefinite period of time. However, the Provider may, at any time, discontinue it, or suspend the User's access to PKO in case of irregularity based on these Terms and/or Brazilian legislation, morals and good customs, without the need for any prior notice to the User, and will not be owed any compensation as a result.

8. GENERAL PROVISIONS

Any clause or condition of this instrument that, for any reason, is considered null or ineffective by any court or tribunal, will not affect the validity of the other provisions of these Terms, which will remain fully valid and binding, generating effects to their maximum extent.

The Provider's failure to enforce any rights or provisions of these Terms will not constitute a waiver, and the Provider may regularly exercise its right, within the legal deadlines.

You agree to indemnify and hold harmless PKO and its officers, directors, employees and agents, from and against any and all claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, attorneys' fees and accounting (such as the costs of defending claims, proceedings or appeals brought by third parties), in any way related to (a) your access to or use of our Service, (b) its content (c) your violation of any of these Terms.

We make no commitment and assume no responsibility for the content you, the user or any third party posts or submits using our Service. 

You understand and agree that others may be held responsible for content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purposes.

For any questions or concerns about these terms, you can contact us via email at [email protected].

All marketing emails, news letters and other communications from PKO will be carried out through the company's avatar, also known as Isa Sabbia, who is not a natural person, but an individual created for the purpose of responding to emails.

9. LEGISLATION AND JURISDICTION

These Terms are governed exclusively by the laws of Brazil.

The parties hereby elect the forum of the city of Mogi das Cruzes, to resolve any doubts, issues or controversies arising from the Terms hereof, with express waiver of any other forum, without considering issues of privilege, and submit to the jurisdiction exclusive jurisdiction of such courts in connection with any dispute relating to the Site or these Terms.

10. ARBITRATION

Any dispute arising from or related to this contract, including regarding its interpretation or execution, will be definitively resolved by arbitration, administered by the Era&Nagoshi office (www.eraenagoshi.com.br), in accordance with its Regulations, with the arbitration court being constituted by [one/three] arbitrators, appointed in accordance with the aforementioned Regulations.