Dear User,
This document sets out the "Terms of Use", regarding your visit to our website. Before using it, we ask that you read this text to the end.
Mark requires that you agree to the terms of use stated below as a condition of your use of the services, content, interfaces, tools and features offered on or through this site, including all of its web pages.
Your use of the site is subject to your agreement to these Terms of Use. By using it, you acknowledge that you accept these Terms of Use and agree to abide by them. Upon such acceptance, these Terms of Use shall constitute a binding contract between you and Mark regarding your use of the site and its content.
By using this site, you:
- You agree to these Terms of Use. If you agree to any of the Terms of Use, you should not use the site.
- You acknowledge that you have read Mark's statement regarding the use of cookies (as specified in our Privacy Policy), are aware of how we may use them and for what purpose, and either agree to their use, or have taken your own steps to limit cookies on your system;
- When you click "I agree", "I consent", "OK" or any other button or data field with similar terminology, or take any affirmative action on the site, including closing the Cookie Usage Notice, such act shall be legally binding and actionable as the legal equivalent of a handwritten signature.
These Terms of Use apply to the Site, however, you are advised to check each web page you visit on the Site because the use of certain web pages or portions of the Site may also be subject to different or additional terms, the Terms of Use of which will be referenced therein.
At any time, without prior notice, Mark may, in its sole discretion, make changes to the site (format, content, services and features), discontinue the site or any portion thereof, and make changes to these Terms of Use. You should check the Terms of Use posted on the site periodically for any changes. Your use of this site after reviewing the Terms of Use constitutes your acceptance.
Intellectual Property
All content on the Site, except requests, orders, information, data and other communications that you input or transmit through the site (the "Materials"), but including, without limitation, text, documents, information, templates, graphics, icons, interfaces, code and the selection and arrangement thereof (the "Content") is Mark's copyright under Brazilian law. All service marks and trade names contained on the site (the "Marks") are the property of Mark.
You are granted no license or other right to use such Marks, Content or copyrights, including, without limitation, no right or license to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise commercially exploit any Content (in whole or in part) or Marks obtained from the site except as expressly provided below:
- You may download or print one copy of the web page from the site for your personal, informational, non-commercial use, provided that the web page is downloaded or printed in its entirety without modification or alteration.
- In some places on the site, there may be hypertext links to versions in portable document format ("PDF") for you to download, print and/or e-mail. When so designated, you may download, print and/or e-mail these items, and use them for your intended purposes, provided they are downloaded, printed and/or e-mailed in their entirety without modification or alteration.
You may not alter or delete any proprietary notices from materials downloaded, printed or emailed from the Mark Site, including the logo and © Copyright notice. Even if there is no copyright notice on the pages or content downloaded or printed from the Mark Site, they constitute Mark's copyright. Any limitation in these Terms of Use on the number of copies that may be made does not apply to forms, product literature, newsletters, and other documentation and information that, by reason of its intended purpose, multiple copies are necessary or desirable.
Mark's Content and Marks may be used, copied, distributed, displayed or transmitted only in compliance with these Terms of Use and applicable laws.
The following applies to all pages on our website:
TM Trademark of Mark Industry
2020, Mark Industry Copyright
Forward-Looking Statements
The web pages of this Site may contain forward-looking statements, expressed by the words "anticipates," "believes," "estimates," "expects," "probably," "anticipates" or similar expressions. These statements are based on expectations, projections and estimates that Mark believes are reasonable assumptions, but are not stated warranties of their effectiveness. Mark shall not be obligated to subsequently update or revise any forward-looking statements contained on the Site.
Links
Mark's Site may contain links to other sites on the Internet ("External Sites"). Mark assumes no responsibility for the External Sites, including the content, privacy and data collection practices of the External Sites, or any harmful elements therein. The External Sites may be provided solely as a convenience to you, and by accessing them, you assume the risks, and Mark disclaims any liability.
Before framing or hyperlinking to any Mark site pages, you must obtain prior written permission from Mark Industries.
Disclaimer, Limitation of Liability, Disclosure
Although Mark takes security measures against the loss, misuse and unauthorized alteration of the "Materials", we recognize that no security system is foolproof, and Mark makes no representations or warranties that the site will not be tampered with by third parties or against the loss, disclosure, misuse or unauthorized alteration of the "Materials".
Mark makes no representations or warranties that the content of the site is complete, accurate, applicable, current, reliable or non-infringing. Any decision based on information contained on the Site is the sole responsibility of the user.
Mark, while taking all precautions, makes no representations or warranties that the site will be free of viruses, worms or other computer-damaging routines, mechanisms or elements that may damage, destroy, impair or impede in any way the operation or functionality of the site or the processing environment of any user or Mark ("Harmful Elements").
To the extent permitted by applicable law, Mark disclaims and rejects all representations and warranties, express or implied, common law, statutory or otherwise relating to the site, including, without limitation, the content, services and products contained on the site, freedom from harmful elements, and any implied warranties of merchantability and fitness for a particular purpose, arising in the course of trade or in the course of performance.
Mark does not represent or warrant that access to the site or the functions or services contained and provided on the site will be uninterrupted or error-free, or that defects will be corrected, or that the site or the servers that make the site available will be free of harmful elements.
In no event shall Mark be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages (including, without limitation, lost profits or revenues, loss of use or similar loss), or any damages whatsoever (including strict liability), arising out of or relating to the use of the site, the inability to use the site, or reliance on the site, including, without limitation, the content therein.
If you do not agree with any term of this agreement, do not use this site and do not submit any personal information.
You hereby permanently release and discharge Mark, its officers, directors, employees, agents and contractors from any and all claims, demands and damages of any kind and nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with the site and/or the activities contemplated for your use.
Mark's indemnity
You agree to indemnify, defend and hold harmless Mark against any claim, demand, action, debt, loss or liability, including without limitation reasonable attorneys' fees, to the extent such action is based upon or arises out of your breach of these Terms of Use.
Site Security
You are prohibited from violating and attempting to violate the security of the Site, including, without limitation:
- Registering or attempting to register to a server or account to which you do not have authorized access;
- Access data or take any action to obtain services not authorized for your use;
- Attempt to probe, scan or test the vulnerability of Mark's network
- Tampering with, hacking into, modifying, or otherwise corrupting or breaching Mark's security or authentication measures without proper authorization
- Transmit "Materials" that contain "Harmful Elements
- Interfering with the service, including, without limitation, by overloading, flooding or crashing any computer system; or
- Uploading files that contain programs or other materials that violate any intellectual property rights or confidentiality restrictions.
A Mark monitora o uso do Site. Qualquer violação da segurança do Site por você poderá sujeitá-lo a responsabilidades civis ou criminais.
Applicable Laws
The Site is intended to provide information about Mark and its products as an outreach mechanism. This Site is controlled and operated in Brazil, and Mark makes no representations or warranties that the Site or Content is appropriate or available for use in other locations, or that use or access to the Site or Content from other locations would not be prohibited by law. Unless expressly stated otherwise, all Content is directed solely at entities and individuals located in Brazil. Persons who choose to access and use the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. To the extent that any applicable local law prohibits your access to and use of the Site or Content, you may not view or use the Site or Content.
Your use of the Site is governed in all respects by the laws of the State of São Paulo, Brazil, which is the forum for any legal proceeding arising out of or relating directly or indirectly to the Site or its use.
Mark may assign its rights and obligations under these Terms of Use to any party at any time without notice. You may not assign any of your rights or obligations under these Terms of Use without Mark's prior written consent, and any attempt to do so is void. Subject to the foregoing, these Terms of Use shall be binding upon Mark and its respective successors and permitted assigns. These Terms of Use shall not be construed to create an association, agency, joint venture or partnership between you and Mark, or to impose any liability attributable to such relationship with any party. Neither you nor Mark shall have any right, power or authority to enter into any agreement to assume any obligation or liability to the other party or to bind the other party in any way.
Export Controls
You may not export or re-export any Content received from the Site except in compliance with all applicable Brazilian laws and regulations. Use contrary to such laws is prohibited.
Completeness and Severability
Except as otherwise expressly provided herein, these Terms of Use constitute the entire understanding between you and Mark regarding the Site. No oral evidence, course of dealing, conduct, performance or trade usage shall be relevant to supplement, modify, add or explain these Terms of Use.
Registered User Responsibility
Some locations on the Site may permit and/or require you to register as a user ("Registered User") and will only permit you to access and use those locations as a Registered User with a valid password ("Registered User Locations"). It is your responsibility to maintain the control and confidentiality of your password(s). You shall not disclose your password(s) and shall prevent unauthorized use of your password(s). Any violation of these Terms of Use by any person to whom you have disclosed your password(s) will be treated as if such violation had been committed by you. You agree to notify Mark immediately if you believe that an unauthorized person has gained access to your password(s). You shall be responsible for all access to and/or use of the Site using your password(s), whether authorized or unauthorized, until Mark has received notice from you to terminate your Registered User status through "Contact Us" on this site, which notice is considered "delivered" upon verification of a successful transmission as evidenced by a "proof of receipt and read.
In the event of any failure or error in the operation of the password(s), you must cease use of the password(s), exit the Site immediately, and notify Mark of the failure or error in the operation of the password(s).
You must immediately notify Mark of any changes to your registration information.
As a Registered User, you agree to receive notices, disclosures, communications, Material Safety Data Sheets, and any other documentation ("Communications") by electronic means. You agree 1) that all Communications sent electronically satisfy any legal requirement that communications be in writing and 2) that you are bound by any representation, consent or agreement that you transmit through the Site.
You shall not be entitled to transfer, assign or sublicense any rights you may have as a Registered User.
User Submissions
You are responsible for all the Materials that you post to the Site or transmit to or through the Site. You agree, represent and warrant that all Materials are truthful, accurate, non-infringing, non-misleading and offered in good faith, and that you have the right to post or transmit the Materials. You are responsible for verifying the completeness, accuracy, precision, quality, usefulness, timeliness, currency and/or suitability of all Materials.
You shall not transmit any Material to or through the Site that you consider confidential or proprietary. All Materials shall be considered non-confidential and non-proprietary. In accordance with Mark's Privacy Policy, which is incorporated into these Terms of Use (the most recent version of the Privacy Policy can be viewed by clicking on the "Privacy Policy" hypertext link located at the bottom of the Site's web pages), Mark shall be free to copy, disclose, distribute, incorporate and otherwise use the Materials for any and all commercial or non-commercial purposes. Except as expressly provided in Mark's Privacy Policy, you hereby grant Mark an unrestricted, irrevocable, worldwide, royalty-free license to copy, disclose, distribute, incorporate and otherwise use the Materials for any and all commercial or non-commercial purposes. You may not post profane, obscene, threatening, defamatory or degrading statements on the Site.
Cancellation; Access Restriction
Você poderá cancelar a sua participação como Usuário Registrado a qualquer momento ao entrando em contato com a Mark, de acordo com a seção Informações de Contato. Ao cancelar a sua conta, você perde o acesso e o direito de uso de Locais para Usuários Registrados. A Mark poderá encerrar a operação do Site ou de qualquer parte do Site, ou suspender ou cancelar o seu acesso e uso do Site ou de qualquer parte do Site, incluindo, sem limitação, todo e qualquer Local para Usuários Registrados, a qualquer momento, com ou sem motivo, com ou sem notificação prévia. No caso de qualquer suspensão ou encerramento pela Mark, ou cancelamento solicitado por você, seu direito de utilizar o site ou os locais para Usuários Registrados (conforme o caso) poderá cessar imediatamente e quaisquer informações que você tiver armazenado no site não poderá mais ser recuperada. No caso de tal suspensão ou encerramento, a Mark reserva a si o direito (mas não a obrigação), a seu critério exclusivo, de apagar quaisquer materiais que você tiver armazenado no site ou dados que a Mark tiver coletado sobre o seu uso do site.
Contact Information
Except as otherwise expressly provided in these Site Terms and Conditions, all communications regarding these terms of use, as well as any questions concerning these terms of use or Mark's website, should be made to Mark through the "Contact Us" section of the Site, or by e-mail at mark@mark.ind.br.
Updated December 7, 2020