1. DESCRIPTION AND ACCEPT OF THE TERM OF USE OF FREE HORSEWORLDCHANNEL.COM
1.1. This Term of Use ("Term") regulates the way of free usage of the Horseworldchannel.com (“HORSEWORLDCHANNEL.COM”) product, owned by Fabiana Bull Haik Comercio EPP, with its headquarters at Rua Martinica, 505, in the city of Sorocaba, SP, Brazil, registered on CNPJ/MF under No. 08.790.468/0001-39 (“Free Produções").
1.2. HORSEWORLDCHANNEL.COM, whose website is located in the URL www.horseworldchannel.com (“Website”), is an online video service that allows access, by Internet, to the content of the HORSEWORLDCHANNEL.COM programs, being right that the content which constitutes as the object of this Term is that which HORSEWORLDCHANNEL.COM makes available in an non onerous manner, to its exclusive criteria, with the possibility of said content varying, from time to time, according to the discretion of HORSEWORLDCHANNEL.COM (“Free Content”).
1.3. The Free Content may be accessed by any person (“User”) in any connected screen, through the Website and/or App that enables the access to the Free Content (“App”), or by any other means authorized by HORSEWORLDCHANNEL.COM, with due regard to item 5.1 below. HORSEWORLDCHANNEL.COM includes the video services, the Free Content, the App, the video player and any other functionalities, tools, apps, materials and/or other services that are or come to be offered by HORSEWORLDCHANNEL.COM.
1.5. Regarding the capacity to accept this Term, the User claims to be 18 (eighteen) years of age, at least, and fully capable. In the case of people under 18 (eighteen) years of age and other people who need representation in legal form, these must be dully represented or assisted, depending on the case, by parents or legal guardians, which take full responsibility for the User and their actions.
1.6. It is hereby made clear that this Term does not contemplate the regulation of the content made available by HORSEWORLDCHANNEL.COM in manner restricted only for subscribers (“Onerous Content”), which is subject to the signing of a specific contract of Onerous Content provision and which is found accessible in the environment dedicated to the subscriber.
2. RESTRICTED FREE CONTENT AND REGISTRATION
2.1. The Free Content made available by HORSEWORLDCHANNEL.COM will be (i) restricted, with previous registration of the User being necessary for access, being up to HORSEWORLDCHANNEL.COM to determine, by its exclusive criteria, the moment in which the registration of the User will become unnecessary.
2.2. The restricted part of the Free Content may only be made available to registered Users, where, to register themselves, the User may (i) use an existing registration or create a new one on HORSEWORLDCHANNEL.COM or (ii) give information from a registration made with social networks.
2.3. The User must have full attention when registering, being hereby stated that HORSEWORLDCHANNEL.COM does not take responsibility for User mistakes when registering, such as, for example, double registration, wrong data information, etc., and information from registrations by means of social networks.
2.4. To register, the User will provide their valid e-mail along with a Login (Username) and general data, (collectively referred to as “Access Data”), which will allow access to HORSEWORLDCHANNEL.COM and to the Free Content made available, in the constant terms of this document.
2.5. If the data informed by the User on the time of registration are incorrect or incomplete, preventing the confirmation and complete identification of the User, HORSEWORLDCHANNEL.COM will have the right, to its exclusive criteria, to automatically block and/or cancel the Username.
2.6. HORSEWORLDCHANNEL.COM reserves the right to cancel the User’s registration, at any given time and without prior notice, if it’s found that the User practices or comes to practice any act or maintains or comes to maintain a conduct which (i) violates federal, state and/or municipal laws and regulations, (ii) goes against this Term, or (iii) violates public order.
2.7. As part of their registration, the User will be responsible to maintain the discretion of their account’s data for access of HORSEWORLDCHANNEL.COM, taking responsibility for all the activity performed within their account. The User may never use third party accounts, and should never give their data for third parties to use their account.
2.8. The User agrees to immediately communicate HORSEWORLDCHANNEL.COM of any safety violation or unauthorized use of their account. HORSEWORLDCHANNEL.COM will not be held responsible for any damage or losses resulting from the User’s account or from the User’s omission to comply with these requirements, but the User may be held responsible for losses of HORSEWORLDCHANNEL.COM or of others resulting of the use of their account.
2.10. The User hereby authorizes HORSEWORLDCHANNEL.COM to send messages and communications of institutional, technic, commercial, promotional and/or informative concern to their e-mail address related to any part of HORSEWORLDCHANNEL.COM, whether they are from its property or from third parties property with which a contract is had.
3. GEOGRAPHIC LOCATION TOOL
3.1. The User acknowledges that HORSEWORLDCHANNEL.COM uses technology to verify their geographic location. Therefore, it may provide certain Free Content only to Users who are specifically situated on a determined geographic location, according to its exclusive criteria.
4. RESTRICTION OF FREE CONTENT RELEASE
4.1. HORSEWORLDCHANNEL.COM reserves the right to restrict the access of Users logged in to the Free Content, according to its exclusive criteria, with the possibility of, at any given time, suspending or canceling the offered items, such as content, products, application utility, and such acts being considered no infraction to this Term.
4.2. When logged in, Users have access to (i) live streaming of the signal of HORSEWORLDCHANNEL.COM program lineup, as long as said Users are in a geographic location where said service is available, to exclusive criteria of HORSEWORLDCHANNEL.COM and (ii) Free Content of the titles in display on the HORSEWORLDCHANNEL.COM lineup.
4.3. Additionally, complete Free Content viewing is subject to permission of image use of HORSEWORLDCHANNEL.COM on the Internet. This way, the User is aware that the lack of complete of part of complete content in programs, videos, chapters and/or episodes may be directly connected to the non-authorization of Internet use of the content which has not been displayed and/or has been cut from the lineup. All of the video content will be broadcasted on HORSEWORLDCHANNEL.COM in languages from their countries of audiovisual production, being up to HORSEWORLDCHANNEL.COM to reserve the right to translate the videos with subtitles or dubbings in its criteria of interest by distribution region of them.
4.4. The User declares to be aware that, by technical and/or restriction of rights reasons, the Free Content, fully or in part, may not be available in their respective HORSEWORLDCHANNEL.COM. In that sense, HORSEWORLDCHANNEL.COM may, in its exclusive criteria and with no need of prior notice, interrupt the transmission of HORSEWORLDCHANNEL.COM on any given time or not enabling this Free Content; or express, by means of electronic message, that the service will be momentarily unavailable; or replace this Free Content with others.
5. ACCESS TO HORSEWORLDCHANNEL.COM
5.1. The User may access HORSEWORLDCHANNEL.COM through connected devices (such as, but not restricted to, computers, mobile devices, gaming consoles, connected TVs, etc.) which enable the viewing of the Free Content, and HORSEWORLDCHANNEL.COM grants the User an exclusive, non-transferable and limited license to use the product, including accessing and viewing the Free Content via streaming exclusively for personal use, with no commercial purposes and as long as the conditions on this Term are fully met.
6. FREE CONTENT AUTHORIZATION USE LIMITS
6.1. According to the nature of the license granted to access the Free Content, the User may not, directly or through a device, mechanism, software or any other means, for instance (i) remove, alter, interfere, preventing or modify watermarks, copyrights, symbols, marks or any other signs indicating property within the Free Content in any manner, or any protection rights and/or mechanisms associated with the Free Content, including access filters based on territories (geofiltering block); (ii) copy, download, capture, replicate, archive, distribute, upload, publish, modify, translate, display, transmit, appropriate, incorporate or commercialize the Free Content; (iii) incorporate the Free Content in any software or hardware application, display or retransmit the Free Content through them, or make it available through frames or links; (iv) distribute, advertise or develop a business from the Free Content; (v) Use the Free Content or part of it, in any manner, for the creation of works derived or based on it, such as edits, mash-ups, similar videos and marketing or merchandising materials, among others.
6.2. The User may not modify, remove, interfere, or try to change any part of HORSEWORLDCHANNEL.COM, especially the video player, the technology behind it, any content protection mechanisms or access control incorporated in it. This restriction applies to any change, interference or action that may in any manner make the viewing of the Free Content possible without the display of the HORSEWORLDCHANNEL.COM video player and the elements related to the Website and to the App (such as interface, trademarks and eventual ads) or without all of the video player functionalities being accessible.
6.3. Free Produções is respectively proprietor or licensee of all the Free Content, and it’s respectively owner of all the rights related to HORSEWORLDCHANNEL.COM. HORSEWORLDCHANNEL.COM, the Free Content and the other Free Produções properties are protected copyright laws and other intellectual property rights.
7. USER OBLIGATIONS AND RESPONSIBILITIES
7.1. The user must have minimal infrastructure and apt to enable the usage of HORSEWORLDCHANNEL.COM and/or access to the Free Content made available.
7.2. The User will fully bear the payment of all the related costs and expenses, including, but not limited to, the hiring of Internet connection service with access provision.
7.3. It is hereby established that, in the case of poor or inadequate usage by the User of HORSEWORLDCHANNEL.COM or of the Free Content made available, the User will be fully responsible before the Portal and before third parties for any damages caused.
7.4. It is considered poor or inadequate usage of HORSEWORLDCHANNEL.COM and/or of the Free Content made available mentioned on item 7.3 above, for instance:
7.4.1. Replicate, modify, or try to modify, without authorization from HORSEWORLDCHANNEL.COM, any Free Content.
7.4.2. Disrespect the Brazilian legislation generally and, especially, copyrights and/or intellectual property laws;
7.4.3. Practices that are considered a violation of the intellectual property rights, such as the publication, transmission, replication, translation and release, unauthorized, of any part of the Free Content.
7.5. If any of the mentioned cases occur, HORSEWORLDCHANNEL.COM may release, at any given time, all and any information about the User to the competent authorities, as well as block and/or cancel the Access Data automatically, in its exclusive criteria and with no prior notice, the User answering civilly and criminally for their actions.
7.6. Without charging prejudice of the losses and damages, any attempt to ruin or cause damage to the HORSEWORLDCHANNEL.COM servers will be punished with the cancelling of the registration and the action will be communicated to the competent authorities, including the supply of all the data that identify the User.
8. LINKS AND ADS
8.1. The third party links and ads published on HORSEWORLDCHANNEL.COM are not its responsibility or control. The Portal has no liability regarding websites or any other link address which take the User outside of the HORSEWORLDCHANNEL.COM environment. In the same manner, the Portal takes no responsibility for ads or any other third party material published on HORSEWORLDCHANNEL.COM, or for announced products and/or services.
9. EXCLUSION OF GUARANTEES AND OF LIABILITIES OF HORSEWORLDCHANNEL.COM
9.1. There is no guarantee of the availability, infallibility, and continuity of the functioning of HORSEWORLDCHANNEL.COM, in full or in part, and no guarantee that it will be useful for the performance of any particular activity.
9.2. HORSEWORLDCHANNEL.COM accepts no liability for direct, negative and/or indirect damages and losses of any nature that may be due to the failure, lack of availability and/or continuity of the functioning of horseworldchannel.com, as well as any information, product or service obtained, announced or promoted through horseworldchannel.com and/or that may be due to the use of the play services by the User in violation of the present Term.
10. CHANGES OF HORSEWORLDCHANNEL.COM AND THIS TERM
10.1. HORSEWORLDCHANNEL.COM reserves the right to change any aspects, being able to include or exclude features and functionalities in any part of it, as well as suspend, cancel or discontinue HORSEWORLDCHANNEL.COM, fully or part of it, temporarily or definitively, at any time, with no prior notice to the Users.
10.2. In the same manner, it may periodically change this Term, at any time, in its exclusive criteria, upon prior communication to the User, including the sending of e-mail informed on its registration data.
10.3. The User understands and agrees that the usage of HORSEWORLDCHANNEL.COM after any changes in the Term will be considered an acceptance of said changes and full agreement with the conditions of the new Term.
11. GENERAL PROVISIONS
11.1. If any User considers there are facts or circumstances that constitute unlawfulness or violation of any rights in the usage of HORSEWORLDCHANNEL.COM and/or relatively to it, should communicate it by the e-mail hwc@horseworldchannel. The User understands and agrees that this address is exclusively meant to send reports and notifications only, and not a contact channel with the Companies, which will not reply to the e-mails.
The Central Court of the City of Sorocaba is elected to resolve any controversies coming from this Term and/or the usage of HORSEWORLDCHANNEL.COM.