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Stayfilm

Stayfilm legal terms

1. Basic Terms

  1. The User declares to be 13 years and fully capable. If you are under this age, the User declares being properly represented or assisted by their parents or other legal representative, on delivery of commitments and declarations under these terms.
  2. The user shall not post violent, obscene (including nude or partially nude images), pornographic, unlawful, threatening or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  3. The User is liable for any activity on his/her user account and the User agrees that will not sell, transfer, license or concede your account, followers, username or whatever rights for his/her account. Excepting people or companies that are authorized to create accounts on behalf of their employees or clients. The User agrees that the User will not create an account for anyone but to himself/herself. The User also declares that all information the User provides or supplies to Stayfilm on the subscription and other instances are true, accurate and updated, and the User agrees on updating your own information as needed in order to keep its exactness and truthfulness.
  4. The User agrees that will not request, collect or use the credentials of login of other Stayfilm users.
  5. The User is liable for keeping the password secret and safe.
  6. The User agrees that will not defame, threat, abuse, harass, embody or intimidate the people or entities and the User shall not post private or confidential information through the Service, including, but not limited to, credit card information of any other person, identity card number, individual or public telephone numbers and non public addresses.
  7. The User can´t use the Service for whatsoever illegal or non authorized purposes. The User agrees on complying with all laws, rules and regulations (e.g., federal, of the state or the city), applicable to his/her use of the Service and its contents (as stated below), including, but not limited to the Copyright Ownership Rights.
  8. The User is the sole responsible for his/her conduct and for whatsoever data, text, images, information, name, graphics, pictures, profiles, audio and video clips, sound, musical work, masterpiece authorship, applications, links and other contents or material (collectively, “Content”) the User sends, posts or exhibits us or through the Service.
  9. The User shall not change, modify, adapt or alter the Service or other site, implying false association to the Service or Stayfilm.
  10. The User shall not create or send inappropriate emails, comments, likes or other forms of commercial communication or harassment (a.k.a. “spam”) to the Stayfilm users.
  11. The User shall not interfere or interrupt the Service the servers or network connected to the service, including by transmitting any virus, spyware, malware or whatever code or other form of destructive or annoying practice. The User shall not insert the content or code or any other form of changing or interfering on the way any Stayfilm page is processed or exhibited in the User's browser or devices.
  12. The User shall not create accounts on Stayfilm by unauthorized ways, including, but not limited to, the usage of automatic devices, script, bot, spider or crawler.
  13. The User shall not attempt to restrict other users ability of using or enjoying the service and the User shall not encourage or facilitate violations of these Terms of Use or whatever Stayfilm terms.
  14. Violations to these Terms of Use may, according to exclusive Stayfilm criteria, result in the account cancellation. The User understands and agrees that Stayfilm shall not be responsible for the posted contents on the service and the fact the User uses the service on his/her own account. If the User violates these Terms of Use or creates risks or legal exposure to Stayfilm, we may discontinue supplying totally or partially the service to the User.
  15. The User acknowledges that use of any content from Stayfilm Partners may be subjected to the provisions of the Partner Publishing Terms and Conditions, being this one available at the site, and must be observed by the User along with Stayfilm Terms.

2. General Conditions

  1. After the termination, all licenses and rights granted to the User in these Terms of Use will immediately cease.
  2. We reserve the right, at any time in our sole discretion, to modify these Terms of Use (“Updated Terms”) over the time. Unless we perform a change for legal or administrative reasons, we shall provide a reasonable prior notice towards the Updated Terms in use. The User agrees we may notify the User about the Updated Terms on publishing them on the service, and that any use of Service after the effective date of the Updated Terms (or any other practice we may reasonably specify) constitutes the User´s agreement on the updated terms. Therefore, the User shall review these Terms of Use and whatever updated terms before using the service. The updated terms shall be valid from the posting date on, or on posterior date which may be specified on the updated terms, and apply on the User's use of Service from that moment on. These Terms of Use shall regulate whatever disputes originated before the effective date of the updated terms.
  3. We reserve the right of denying the service access to any person, for whatever reason, on any time.
  4. We reserve the right of forcing the loss of any user name for whatever reason.
  5. We may, yet we have no obligation to, remove, edit, block and/or monitor the accounts which have contents that, in our sole discretion, violate these Terms of Use.
  6. The User is the sole responsible for the interaction with other users of service, whether online or offline. The User agrees Stayfilm isn't responsible for the conduct of any user. Stayfilm reserves the right, but have no obligation to, monitor or engage in any disputes between users. The user shall exercise reasonable judgment on interacting with other people, including when the User post personal or others contents or information.
  7. There may be connections from the service, to the communications the User receives from services, to third parties sites or resources. There may also be links to third parties sites or resources of images, videos or comments on the Service. The service also includes third parties contents which we can´t control, keep or support it. The service functionality also allows interaction between the Service and a third party site or resource, including applications which connect the service or your profile into the service through a third party website or resource. For instance, the service may include a resource that enables the User to share the service content or your contents with a third party, which may be publicly displayed on third parties service or application. Using this functionality usually demands the User to access the User´s account on third parties services which the User does on his/her own account. Stayfilm doesn´t control any of such services and their contents. The User recognizes and agrees that Stayfilm isn't responsible for such third parties services or resources. Your communication and business WITH THIRD PARTIES, found through the service are exclusively between the User and THIRD PARTIES. The User may choose, on the User's sole discretion and risk, on using applications which connect to Service or your service profile, with a third party service (each, an “application”) and such application may interact, connect or join and/or extract information from and to your service profile. By using such applications, the User recognizes and agrees on the following: (i) if the User uses an application to share information, the User agrees on the information about the User´s service profile which are being shared, (ii) with the use of an application, identity information can be publicly disclosed, and (iii) the use of an application is on your sole discretion and risk, and Stayfilm keeps harmless to activities related to the application.
  8. The User agrees to be responsible for all the charges related to data used through the use of the Service.

4. Author Rights and other violations

  1. Stayfilm respects the rights of other people, and we expect the User does the same.
  2. If the User violates repeatedly the intellectual ownership rights of other people, Stayfilm reserves the right to deactivate the account, as appropriate.

5. Disclaimer of Warranties

  1. Stayfilm shall not have any responsibilities to:
    1. Any adverse effect in your computer or software, caused by the use of the Stayfilm or Services, or as a result of any available content on the Stayfilm;
    2. The use (or inability of use) of the Stayfilmor any part of the service, including inscriptions, contents or any transactions involving the Site;
    3. All available material (or intended to be available) on or through the Stayfilm, information or opinions received through the Stayfilm;
    4. Any errors or omissions of Stayfilm, or any act or omission of a third party;
    5. Any error, delay, interruption, operational problem, unavailability or malfunction on the site, any part of the site, or any equipment directly or indirectly related, system, programming, or network (including the Internet);
    6. Any malfunction involving the Stayfilm or your account;
    7. Any virus or other code or parts which may affect your computer system and other belonging as a consequence of the use of the Stayfilm.

6. Indemnification

  1. The User agrees to indemnify, defend and hold Stayfilm harmless and its respective employees, directors, subcontractors and agents of each one, from all claims, damages, costs or expenses (including attorneys fees) arising directly or indirectly out of: (a) violation of these Terms by the User or anyone using the computer or password, (b) any claim, loss or damage whatsoever arising out of your use or use attempts (or inability to use) the Site, including any operations the User may perform or attempts, (c) the violation of any law or regulation; (d) the violation of any third parties rights, including without limitation, the violation of any Submissions from any parts intellectual ownership of third parties or moral rights, (e) violation of any law, regulation, or applicable rules or third party ownership or intellectual moral rights as a consequence from the referral or posting of any Content, (f) any Content the User has downloaded from the Site or changed, and (g) any other matter the User is liable or for laws matters. The User agrees the use of the Stayfilm(including, without limitation, the provision of services in conjunction with the Site) shall comply with all laws, regulations and guidance.

7. Exclusion of Liability

  1. Under no circumstances Stayfilm is and/or shall be liable for the User or any third party for whatsoever damages, including, but not limited to incidental, consequential, general damages, direct, indirect, special or punitive, arising out of or related to the site, services or contents. In any event, the total liability of Stayfilm for any rules of this agreement shall not exceed the amount paid by the User to Stayfilm for the use of the Site, Services and in accordance to this document or content. As such, if the User still hasn't made any payment to Stayfilm for the use of the platform and Services, Stayfilm shall not be liable for the User.

8. General

  1. These Terms shall be governed by the Brazilian laws disregard of your laws choice. Your conduct may also be subject to other location, states, countries and their corresponding laws. Any action against these Terms or the Site will be exclusively brought to the Brazilian jurisdiction and the User agrees irrevocably to this.
  2. In any event to comply with this Contract, the prevailing party shall have rights to the attorneys´ expenses. Any legal proceedings against Stayfilm shall be made within 1 (one) year from the cause of action. In the case of any provisions of these Terms be considered invalid, such clause shall be substituted by an operational provision closer to the original provision effect, and all the Terms of these Conditions shall remain in force and effect.
  3. Nothing on this Agreement creates any agency, employment, joint venture or partnership relation between User and Stayfilm or enables him/her to act on behalf of Stayfilm. Unless previously stated on these Terms. These Terms constitutes entire agreement between Stayfilm and User concerning the subject matter hereof, and any other matters shall be cancelled. Nothing on these terms shall be taken as of limiting the actions or available resources to Stayfilm concerning any prohibited activity or conduct.
  4. Enforceability of any part of these clauses shall not constitute accordance and/or waiver, and Stayfilm reserves the rights to apply such term, in its sole discretion. No waiver of violations shall be considered as waiver from previous or future violations. These Terms are intended to Stayfilm benefit (and respective assigns), and each one shall have the right of claiming and enforcing the provisions directly against the User on its own name. We may dispose of rights subject to these terms to any third party.

9. Entire Agreement

  1. If the case the User is using the service on behalf of a legal entity, the User represents the User is authorized to enter an agreement on behalf of the legal entity. These Terms of Use constitute the entire agreement between User and Stayfilm and govern the use of the Service, substituting any previous agreements between User and Stayfilm. The User shall not grant the Terms of Use or cede any rights or delegate any obligations stated on this Contract, in a whole or partially, either voluntarily or by law, without previous written approval by Stayfilm. Any purported assignment by the User without prior written approval by Stayfilm shall be null, void and without effect. The Stayfilm may cede these Terms of Use or any rights without your prior authorization. If any provision of these Terms be considered by a court of competent jurisdiction as invalid, the parties agree that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the Terms of Use shall remain in force as written. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use do not confer or create third party beneficiary rights.
  2. The effective date of these Terms of Use is open-ended, or until there is a subsequent change, which form an integral part with these Terms.

Privacy Policy

1. We gather the following kinds of information.

  1. Information directly provided by the User:

    1. Your user name, password and e-mail address when the User register a Stayfilm account.
    2. The profile information the User provides to his/her user profile (e.g.: the first and the last name, photo). Such information enables us to help the User and other people meet.
    3. User Contents (e.g.: pictures, albums, videos, comments and other material) the User may post on the Service.
    4. The communication between the User and Stayfilm. For instance: we may send e-mails related to the service (e.g.: account verification, changes/updates of resources, technical information and security warnings). Please note the User shall not choose to quit from the emails concerning the service.
  2. Find your friends and add them to your Stayfilm network:

    1. The user may use our "Find filmates" resource to find other people with Stayfilm accounts through the (i) list of contacts, (ii) social networking sites of third parties or (iii) by searching names and user names on the site.
    2. If the User chooses to find filmates through the contacts list of his/her device (i), Stayfilm shall access your contacts list to determine if someone associated to that list is using Stayfilm.
    3. In case the User chooses to find filmates through a third party social networking site (ii), then the User shall be requested to create a link to the third party service and understand that any information the service may provide shall be governed by this Privacy Policy.
    4. If the User chooses to find filmates (iii) through searching names and user names on Stayfilm, then the User just has to type the name to be found and we shall search on our service.
    5. Notice on “Invite filmates”: if the User chooses to invite someone to the service through our “Invite filmates” tool, the User may select someone directly from the contacts list and send an e-mail from the personal account. The User understands and agrees that, due to the fact such invitation be coming directly from the User´s personal account, Stayfilm has no access or control on that communication.
  3. Information about Analytics:

    1. We use analysis tools of third parties which help us measure the traffic and use trends of the Service. Such tools gather information sent by the device or our service, including the sites visited by the User, add-ons and other information which help us on the continuous improvement of the service. We collect and use analytical data with information from other users so that can´t be used to identify any particular individual user.
  4. Cookies and other similar resources:

    1. When the User visits Stayfilm, we can use cookies and other similar resources, such as pixels, web beacons and local storage to collect information about how the User handles Stayfilm tools and provides resources to another User.
    2. We may allow that advertisers or other partners publish advertisements or services to their devices, which may use cookies or similar resources provided by us or third parties.
  5. Information on files:

    1. The information log of the file is automatically reported by your browser when the User requests access (or visits) to a web page or application. It may also be provided when the contents of a web Page or application are downloaded to your browser or device.
    2. When the User uses the service, our servers automatically register some information of the log file, including your web order, IP address, type of browser, reference/exit from pages and URLs, numbers of clicks and since the User interacts through services links, domain names, end pages, visited pages and other information. We may also collect similar information from sent e-mails from our users which help us control which e-mails are accessed and links visited by addressees. Such information enables us to provide more precise reports and to improve our service.
  6. Metadata:

    1. Metadata are technical data which are usually associated to the User Content. For instance, the metadata may describe how, when and by whom some parts of the User Content were collected and how such content is formatted.
    2. The users may add or have metadata already added to their User Content, including the hashtag (for instance, in order to tag key-words when the User posts a film), comments and other data. This allows the user content be more searched by others and be more interactive.

2. Besides some of the specific use of the information we describe on this privacy policy, we may use the received information to:

  1. Helping on effectively access your information after indicating on “remember the information” so the User doesn´t have to type them again on visiting the service;
  2. Providing personalized content and information to the User and other people, which may include online advertisements or other kinds of commercialization;
  3. Providing, improving, testing and monitoring the efficiency of our service;
  4. Developing and testing new products and resources;
  5. Monitoring indicators such as number of visitor, traffic and demographic patterns;
  6. Troubleshooting or correcting technology problems;

3. We don´t rent and/or sell your information to third parties without your previous agreement, excepted as noted on this Policy.

  1. Whom we can share your information with:

    1. We may share the user content and the related information (including, but not limited to, the cookies, log files, devices indicators, location and usage data) with companies which are legally part of the same business sector Stayfilm belongs to, or that may be in the future (“Affiliated”). Affiliated companies may use the information to help provide, understand and improve the Service (including the supply of analytics) and affiliated owned services (providing relevant experience including new ones). Remembering that such Affiliated shall respect the User´s choice on who shall be able to view the pictures and/or films.
    2. We also may share your information, as well as the information from tools such as cookies, log files and identifiers of devices and location data, with third party organizations which may help us provide the service to the User (“Service Providers”). Our service providers shall have access to the information, as reasonably needed to provide the service under reasonable confidentiality terms.
    3. We may also share certain information, such as cookies data, with publicity partners. Such information shall enable the third party publicity network to provide, among others, directed publicity, which we believe shall be more interesting to the User.
    4. We may remove data portions which may allow for your identification and sharing of anonymous data with other parties. We may also combine your information to other, in a way the information shall no longer be associated to the User and share such aggregated information.
  2. Information portions which the User may choose to share the user contents:

    1. Whatever information or content the User voluntarily posts on service, such as user contents, shall become available to the public, as well as controlled by all applicable privacy settings the User defines. In order to change the service privacy settings, please, change the profile settings. After having shared the information or made the information publicly available, the contents shall be re-shared by others.
    2. About your profile and privacy settings, any part of the User Content the User makes publicly available, shall be researchable by other users and subject to usage in our API. The usage of Stayfilm API is subject to the Terms of Use, which incorporates the terms of this Privacy Policy.
    3. If the User removes the information posted on the service, the copies may be kept viewable on pages stored in cache and service files, or if other users or third parties using the Stayfilm API have copied or saved such information.
  3. About what happens in case of control change:

    1. In the case of selling or transferring of part or whole Stayfilm or our assets to another organization (e.g. merge, acquisition, bankruptcy, dissolution, liquidation), your information, such as name and e-mail address, User Content and whatever information collected through the service may be among the sold or transferred items. The User shall keep the User Content. The buyer or assignee shall have to meet the commitments we had entered regarding the Privacy Policy.
  4. Responses to legal inquires and loss prevention:

    1. We may access, preserve and share your information according to a legal inquiry (e.g., driven by a search warrant, court order or subpoena). This may include responses to legal inquiries of abroad jurisdiction and U.S.A., where we have a good faith belief the response is demanded by the jurisdiction law, affecting the users in such jurisdiction, consistent with the internationally recognized standards. We may also access, preserve and share information upon needed to: detect, prevent and combat other illegal activities, in order to protect ourselves, the User and others, including as part of the investigations, and to avoid death or imminent damage. The information we have received from the User can be accessed, processed and kept for the time that is object to a legal inquiry or obligation, governmental investigation or other regarding violation of our terms or policies or other way to avoid damage.

4. Storage and processing:

  1. The information collected through the Service may be stored and processed in Brazil, U.S.A. and any other country which Stayfilm, its affiliated companies or service providers may be located.
  2. We use commercially reasonable safeguards to keep the information collected through the service, protect and take all necessary steps (such as to request a sole password) in order to verify your identity before grant any access to your account. However, we shall not ensure the safety of any information transmitted by the User or to prevent such information be accessed, disclosed, changed or destroyed.
  3. Please, do your share to help us. The User is responsible for keeping safe an unique password and account information, and controlling the access to e-mails between the User and Stayfilm, in all instances. Your privacy setting may be affected by changes in our services of social media the User connects to Stayfilm. We are not responsible for the functionality, privacy or actions of any other safety organization.

5. Information of your account, privacy and profile settings:

  1. In order to update your account anytime, you just have to login and change your profile settings.
  2. It is possible to cancel the communications inscription through email, by clicking on the link “Change your e-mail preferences”, available in such communication. As mentioned above, the User can not choose to cancel communication related to the service (e.g., account verification, changes/updates of the Service resources, technical information and safety warnings).
  3. Should the User have any question about reviewing or changing the account information, please send an e-mail to contato@stayfilm.com.

6. Public information:

  1. Opting on make your information public is exactly what it seems: any person, including outside Stayfilm, may view them. Deciding on make your information public may also mean that such information:
    1. May be associated to the User (that is, your name, profile pictures, videos, user identification number, etc.) yet outside Stayfilm;
    2. May appear when someone does a search on Stayfilm or through any other public search resource;
    3. Shall be accessible to anyone who uses our APIs, such as our graphic one.
  2. When other people share information about the User, they may also choose to publicly share them.

7. Data that is always publicly available

  1. The types of information listed below are always publicly available and treated likewise the information the User has decided to make available.
    1. Name: helps your friends meet the User.
    2. Profile picture: helps your friends and relatives recognize the User.
    3. Gender: so that we can properly refer to the User.
    4. User identification number: allows the User to provide a direct link to the User´s page.

8. Personalized Advertisements

  1. We don´t share your information with advertisers (unless, of course, the User allows us). As stated in this policy, we may share your information when we remove them from anything that personally identifies you or we combine them with other information so that your identification isn´t possible.
  2. We use the received information, including the provided information on the registering instance, or added to your account or timeline, in order to provide advertisements and make them relevant to the User. This includes all the User shares and does on Stayfilm, like the contents the User likes or the key-words of the videos, and what we deduce from your usage of Stayfilm.
  3. Upon creating an advertisement, the advertiser had the opportunity to choose the target audience by location, demographic information, Like options, key-words and other information we receive about the User and others. For instance, an announce may choose as target audience the women from 18 to 35 years old who live in U.S.A. and that like basketball. An advertiser may also decide to reach certain topics or key-words, such as “music” or even people who appreciate the same specific content. We demand the advertisers comply with our advertising guidelines, including provisions related to the data usage of confidential nature.
  4. If the advertiser chooses to publish an advertisement, we provide that to the people who meet the selection criteria from the advertiser, but we don´t mention who they are. Therefore, for instance, if a person views or interacts in any way with the ad, the advertiser may deduce such person is a woman from 18 up to 35 years old, living in U.S.A. and who likes basketball. Yet we don´t inform the advertiser who that person is.
  5. After the publishing of the ad, we provide to the advertisers the reports which inform how many users have seen and clicked on it. Those reports are anonymous nonetheless. We don´t inform to the advertisers who have seen or clicked on their ads.
  6. The advertisers or their trading partners several times insert cookies in their computers (or use similar system technology) to provide ads and make them more effective. Cookies are small files placed in your computer. We use them to optimize the site usage. For instance, we can use cookies to personalize our homepage to the User and exhibit it according to your browser type. We don´t use cookies to store any User personal information.
  7. Sometimes, we allow advertisers to address to a user category, as “assiduous public of cinema” or “fan of science-fiction”. We do so by gathering characteristics we believe are related to such category. Advertisers of science-fiction movies, for instance, would ask to address the corresponding fans and so would we, which may include the User. Or if the User likes contents related to cars and mentions a certain car brand on a posting, we may include it in the category “potential buyer” and allow a car brand addresses such group, which may include the User.

9. Information Use Policy

  1. We don´t share your information with advertisers (unless, of course, the User allows us). As stated in this policy, we may share your information when we remove them from anything that personally identifies you or we combine them with other information so that your identification isn´t possible.

10. Third-party Sites and Services

  1. We are responsible for practices of any sites or services connected to ours, including the information or contents within them. Please remember when the User access a connection from our service to another site or service, our Privacy Policy does not apply to such site or third party services. Your navigation and interaction on any site or third parties service, including those who provide a link to our site, are subject to the own policies and procedures of such third parties. Besides that, the User agrees we are not responsible and have no control over any third parties which the User authorizes to access the personal User Content. If the User be using a site or third party service and the User authorizes them to access the User Content, the User does so at the User´s sole discretion.

11. If the User wishes to stop using the account, the User shall terminate the account:

  1. When the User terminates an account, it is permanently removed from Stayfilm. It takes nearly 30 days to terminate an account, yet some information may be kept in backup copies and logs for up to 90 days or more. The User must terminate the account only upon certainty that it can´t be re-activated anymore. The User may terminate the account sending an e-mail to contato@stayfilm.com.
  2. After the termination or deactivation of your account, Stayfilm, its affiliated companies or service providers may keep information (including your profile information) and User Content for a commercially reasonable time for backup, storage and/or audit purposes.
  3. Certain information shall be needed to provide you services; therefore we shall only exclude such information after terminating your account. Some of your actions on Stayfilm shall be stored on your account, with comments such as if liked a filmate film, sent messages (your filmate shall still have the sent message, even after your account termination). Such information shall be kept after the User terminates the account.
  4. Should the User have any question about the account termination, please send us an e-mail to: contato@stayfilm.com.

12. Special Situations

  1. Upon the death of a Stayfilm user, please, send us an e-mail to contato@stayfilm.com. We will contact you through the e-mail address provided on the User´s request and the communication will be driven through e-mail, where we shall request additional information.

13. Doubts and Questions

  1. Should the user have any question about this Privacy Policy or service, please, send us an e-mail to contato@stayfilm.com.

14. Policy Update

  1. Stayfilm may change or update this Privacy Policy from time to time and, for that reason, review it often. We may provide other forms of changes or updates notifications where we deem appropriate and if circumstances allow. Your continued use of Stayfilm after any changes to this Privacy Policy shall be deemed to constitute your acceptance of such changes.
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