A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of the services provided by Locus Mariologicus (“Services”), through which you may purchase, obtain, license, rent, or subscribe to content, and other in-app services (“Content”). Content may be offered through the Services by Locus Mariologicus or third parties. By creating an account to use the Services in Brazil, you specify such country as your tax residence (“Residence Country”); our Services are available for your use in your Residence Country, as well as in any other state where you may temporarily be present. To use our Services, you need compatible hardware, software (the latest recommended version and sometimes required), and internet access (fees may apply); performance of our Services may be affected by these factors.B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You may acquire Content through our Services without cost or for a fee, either of which is referred to as a “Transaction.” Each Transaction grants you a license to use only the Content. Each Transaction constitutes an electronic contract between the User and Locus Mariologicus and/or the entity providing the Content through our Services. Locus Mariologicus will charge for any paid Transactions, including all applicable taxes, through your selected payment method (credit card, debit card, vouchers/promotional codes, or other methods available in your Country of Residence). If, for any reason, we are unable to process the charge through your selected method (e.g., due to expiration or insufficient funds), you remain responsible for any unpaid amounts and we will attempt to process the charge again once you update your payment method information. If you pre-order Content, we will charge you when the Content is delivered to you (unless you cancel before delivery). In accordance with local law, Locus Mariologicus may update your selected payment method information if provided by your financial institution. You agree to receive all invoices in an electronic format, which may include email. Content prices may be changed at any time. If technical issues prevent or unreasonably delay Content delivery, your sole and exclusive remedy is either replacement of the Content or a refund of the price paid, as determined by Locus Mariologicus. Locus Mariologicus may deny a refund request at any time if we find evidence of fraud, abuse of refund requests, or other manipulative behavior that gives Locus Mariologicus a corresponding right to legal recourse.Right of cancellation: If you decide to cancel your order, you may do so without giving any reason within 14 days of the date you received the receipt.To cancel your order, you will need to inform us of your decision. To ensure immediate processing, we recommend using the Report a Problem feature to cancel all items purchased directly from Locus Mariologicus and not yet redeemed. Items excluded may be canceled by contacting Locus Mariologicus Support. Subscription services can only be canceled after the initial subscription and not after each automatic renewal. You also have the right to inform us by making any other unambiguous statement. If you use the Report a Problem feature, we will confirm receipt of your cancellation without delay.In order to comply with the cancellation deadline, you must send your cancellation notice before the 14-day period expires.Effects of cancellation: We will process the refund within a maximum of 14 days from the day we receive your notice of cancellation. We will use the same payment methods you used for the Transaction, and you will not be charged any fees for this refund.Exception to the right of cancellation: You may not cancel your order for Content delivery if the delivery has been initiated after your order and acceptance that you will thereby lose your right of cancellation.Model cancellation form:
– For the Mariological Location BR– I am writing to inform that I intend to terminate my contract regarding the following: [INSERT ORDER ID, ITEM, INTERPRETER, AND TYPE]– Commissioned on [INSERT DATE]/received on [INSERT DATE]– Consumer’s name– Consumer’s address
– Consumer’s email (optional)
– Date
PRIVACY
Your use of our Services is subject to the Privacy Policy of Locus Mariologicus BR, which is available at https://www.locusmariologicus.org/politica-privacidade/RULES FOR THE USE OF SERVICES AND CONTENTYour use of the Services and Content must comply with the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content constitutes a material breach of this Agreement. Locus Mariologicus BR may monitor your use of the Services and Content to ensure you are adhering to these Usage Rules.All Services:
– You may use the Services and Content solely for personal, non-commercial purposes.– The delivery of Content by the Locus Mariologicus BR does not transfer to the user any rights of commercial or promotional use, and does not constitute a grant or waiver of any rights of the copyright owners.It is the user’s responsibility to not lose, destroy, or damage Content after downloading. We encourage you to make regular backups of your Content.You shall not tamper with or bypass any security technology included with the Services.every 90 days.SIGNATURES
The Services may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions renew automatically until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases, and if necessary, we will seek your consent to continue the Subscription. You will be charged no more than 24 hours before the start of the last period of the Paid Subscription. If, for any reason, we are unable to process the charge through your payment method (e.g., due to expiration or insufficient funds) and you have not cancelled the Paid Subscription, you will remain responsible for any unpaid amounts and we will attempt to process the charge through your payment method as soon as you update your payment method information. In this case, there may be a change in the start date of your next Paid Subscription period, as well as a change in the billing date for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscriptions. Certain Paid Subscriptions may offer a free trial period before charging your payment method. If you decide to cancel the Subscription for a Paid Subscription before we begin charging your payment method, cancel at least 24 hours before the free trial period ends.YOUR SUBMISSIONS FOR OUR SERVICES
Our Services may allow you to submit materials such as comments, photographs, videos, and podcasts (including associated metadata and illustrations). Your use of such features must comply with the Submission Guidelines below, which may be occasionally updated. If you see materials that do not comply with the Submission Guidelines, please use the Report a Concern feature. By submitting, you grant to Locus Mariologicus BR a worldwide, royalty-free, perpetual, non-exclusive license to use the materials you submit within the Services and related marketing, as well as for internal purposes of Locus Mariologicus BR. Locus Mariologicus BR may monitor and decide to remove or edit any submitted material.Submission Guidelines: You may not use the Services for:
– do not publish any materials for which you do not have permission, right, or license to use.– publish sensitive, offensive, illegal, misleading, or harmful content.– publish personal, private, or confidential information belonging to others.– requesting personal information from a minor.– to pretend or falsify one’s affiliation with another person or entity.– publish or transmit spam, including, but not limited to, unsolicited or unauthorized advertising, promotional materials, or informational announcements.– to plan or engage in any illegal, fraudulent, or manipulative activity.Personalized Recommendation FunctionalitiesThe Services may recommend Content based on your downloads, purchases, and other activities.Some recommendation features may require your permission before being activated. If you activate these features, you will be asked to grant permission to Locus Mariologicus BR to collect and store certain data. Please read the information carefully when activating these features.MATERIALS FOR THE THIRD LEVEL
The Locus Mariologicus BR is not responsible or accountable for third-party materials included within or linked to the Services.INTELLECTUAL PROPERTYYou agree that the Services, among other things, including Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to provide the Services, contain proprietary and copyrighted information owned by Locus Mariologicus BR and/or its licensors, and are protected by applicable intellectual property and other laws, including copyright/author’s rights. You agree not to use such proprietary or copyrighted information or materials in any way except for personal, non-commercial use in connection with the Services, in accordance with this Agreement. No part of the Services may be reproduced in any format or by any means, except as expressly permitted herein. You agree not to modify, rent, lease, lend, sell, distribute, or exploit the Services or Content in any way, and not to access the Services through any unauthorized means.The name Locus Mariologicus BR and other service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Locus Mariologicus BR in Brazil and other countries worldwide. No rights or licenses are granted with respect to any of the foregoing marks.NOTICE OF COPYRIGHTIf you believe that any Content available through the Services infringes on the copyright/author’s rights claimed by the user, please contact Locus Mariologicus BR at the following locations:DISCONTINUATION AND SUSPENSION OF SERVICES
If you fail to comply, or Locus Mariologicus BR suspects you have not complied with any provisions of this Agreement, Locus Mariologicus BR may, without notice: (i) terminate this Agreement and/or your Locus Mariologicus BR, and will remain liable for all amounts due to Locus Mariologicus BR up to and including the date of termination. And/or (ii) terminate your license for the software. And/or (iii) prevent your access to the Services.The Locus Mariologicus BR reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time, with or without notice to the user, and Locus Mariologicus BR shall not be liable to the user or to any third party for the exercise of such rights. To the extent possible, Locus Mariologicus BR will notify you in advance of any modification, suspension, or discontinuation of the Service.WAIVER OF WARRANTIES. LIMITATIONS OF LIABILITYa. A Locus Mariologicus BR will provide the Services with reasonable diligence and skill. Locus Mariologicus BR makes no other promises or warranties about the Services and in particular does not guarantee that:(i) Your use of the Services is provided on an uninterrupted or error-free basis. You agree that from time to time, Locus Mariologicus BR may suspend the Services for indefinite periods, or terminate the Services at any time for technical or operational reasons, and will notify you of such action, if possible.(ii) The Services shall be exempt from losses, corruptions, attacks, viruses, interference, computer piracy (“hacking”), or other security intrusions, which shall be considered Force Majeure events, and Locus Mariologicus BR renounces any liability related to the same. It shall be responsible for making security backups (“backup”) of its own system, before, during, and after the use of the Services, including any content or data used in connection with or acquired from the Services.(iii) The Mariology Locus BR shall not be liable for any data charges incurred by the User in the course of using the Services.b. Except as provided for in (d) below, or in the event of exercising a legal right of refund or compensation, under no circumstances shall the Locus Mariologicus BR its directors, officers, employees, affiliates, agents, suppliers, or licensees be liable for any loss or damage caused by the Locus Mariologicus BR its workers or agents.(i) There is no breach of a legal duty of care owed to the Locus Mariologicus BR or to any of our employees or agents.(ii) it is not a reasonably predictable outcome of either of these violations.(iii) Any increase in loss or damage resulting from the user’s violation of any term or condition of this Agreement.(iv) as a result of a decision by the Locus Mariologicus BR to remove or refuse to process any information or content, to notify you, to suspend or terminate your access to the Services, or to take any other action during a suspected violation or as a result of the Locus Mariologicus BR concluding that a violation of this Agreement has occurred. Or(v) relates to loss of revenue, business or profits, or any loss or corruption of data arising from your use of the Services.c. A Locus Mariologicus BR will make reasonable efforts to protect user information submitted in connection with the Services, including with respect to fraudulent use.d. Nothing in this Agreement shall remove or limit the liability of Locus Mariologicus BR for fraud, gross negligence, wilful misconduct, or for death or physical injury caused by its negligence.e. In the event that you violate this Agreement, you will be liable to Locus Mariologicus BR and its administrators, employees, agents, affiliates, suppliers, and licensees for any claim resulting from your violation. You will also be responsible for any action taken by Locus Mariologicus BR as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or determination that a violation of this Agreement has occurred.
MANDATORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If it is a qualified educational or governmental institution and any part of this Agreement, such as, for example, all or part of the indemnification section, is invalid or unenforceable against the User under applicable local, national, state, or federal law, then such portion shall be considered invalid or unenforceable, as the case may be, and instead interpreted in a manner more consistent with the applicable law governing the Agreement.APPLICABLE LAW
Except as expressly provided in the following paragraph, this Agreement and the relationship between the User and Locus Mariologicus BR and all Transactions in the Services shall be governed by the laws of the State, excluding its conflict of laws provisions. The User and Locus Mariologicus BR agree to submit to the personal and exclusive jurisdiction of the courts located within Brazil to resolve any dispute or claim arising from this Agreement. If (a) you are not a citizen of Brazil, (b) you do not reside in Brazil, (c) you are not accessing the Service from Brazil, and (d) you are a citizen of one of the following identified countries, by this you agree that any dispute or claim arising from this Agreement shall be governed by the applicable law below defined, without regard to any conflict of laws provisions, and hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province, or country below identified whose law governs:If you are a resident of any country within the European Union or Switzerland, Norway, or Iceland, the applicable law and jurisdiction will be the laws and courts of your habitual place of residence.Specifically excluded from the application of this Agreement is the law known as the United Nations Convention on International Sale of Goods.OTHER PROVISIONS
This Agreement constitutes the entire agreement between the User and Locus Mariologicus BR and governs the User’s use of the Services, superseding any prior agreements between the User and Locus Mariologicus BR on the same subject matter. It may also be subject to additional terms and conditions that may apply when using affiliated services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, such portion shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Locus Mariologicus BR to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Locus Mariologicus BR shall not be responsible for any failures to fulfill any obligations due to causes beyond its control.Agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that are applicable to your use of the Services. Your use of the Services may also be subject to other laws. The risk of loss for all electronically delivered Transactions transfers to the purchaser upon electronic transmission to the recipient. No employee or agent of Locus Mariologicus BR has authority to modify this Agreement.A Locus Mariologicus BR may notify you regarding the Services by sending you an email message to your email address or by mailing you a letter to your postal address, or by publishing notices within the Services. Notices shall become effective immediately. Locus Mariologicus BR may also contact you by email or push notifications to send you additional information about the Services.Alternative Dispute Resolution. The EU is operating a voluntary online Dispute Resolution platform accessible through the following link: http://ec.europa.eu/consumers/odrBy this present grant, the Locus Mariologicus BR is hereby authorized to take such measures as the Locus Mariologicus BR deems reasonably necessary or appropriate to enforce and/or ensure the enforcement of any part of this Agreement. It is agreed that the Locus Mariologicus BR has the right, without liability to itself, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as the Locus Mariologicus BR believes is reasonably necessary or appropriate to enforce and/or ensure the enforcement of any part of this Agreement (including, but not limited to, the right of the Locus Mariologicus BR to cooperate with any legal proceedings relating to its use of the Services and/or Content, and/or a third party’s claim that its use of the Services and/or Content is illegal and/or infringes such third party’s rights).Children under the age of majority must review this Agreement with their parents or legal guardians to ensure that both the child and the parent or legal guardian understand it.