The Site (as defined in Clause 1 (f) below) is owned by DE CRIANÇA PARA CRIANÇA COMÉRCIO DE MATERIAIS DIDÁTICOS E SERVIÇOS EDUCACIONAIS LTDA., a limited company, registered with the CNPJ/ME under no. 28.201.868/0001-79, with its registered office in the City of São Paulo, State of São Paulo, at Rua Pamplona no. 145, conj. 1.206, Jardim Paulista, CEP 01405-900 (“DCPC”).
These Terms of Use govern the use of the Site by Users (as defined in Clause 1 (h) of these Terms) and by Visitors (as defined in Clause 1 (i) of these Terms).
By accessing the Site you are bound by the provisions of these Terms.
If you have any questions about these Terms and/or the use of these Terms, please feel free to contact DCPC by e-mail at tecnologia@dcpc.com.br.
a. “Access Account”: means the credential given to a User which allows access to restricted areas and exclusive functionalities of the Site. It is defined by the login and password. YOUR LOGIN DETAILS AND PASSWORD ARE PERSONAL AND NON-TRANSFERABLE.
b. “Site Content” means all content appearing on the Site, including, but not limited to, texts, drawings, pictures, designs, graphics, logos, audio, video, games, photographs, software, interfaces, codes, selections and arrangements.
c. “User Generated Content” means comments, ideas, suggestions, tips, participation in discussion forums, uploading photos, drawings, videos, audios, testimonials and/or any other form of collective communication permitted for a User generating content and which are posted on the Site.
d. “Personal Data” means the data you provide through the Site. When creating an Access Account, we may require, as a condition of access, that you provide personally identifiable information such as Name, E-mail or Telephone.
e. “Damages” means damages (direct or indirect) (including, but not limited to, attorneys' fees, costs, expenses, losses, damages and/or lost profits).
f. “Site” means the internet website under the domain https://animapic.com. The website is based on official Brasilia time.
g. “Terms” means these Terms of Use.
h. “User”: means any natural person over the age of eighteen (18) who registers on the Site by creating an Access Account.
i. “Visitor” means any individual who browses the Site.
2.1. DCPC grants you a limited, unencumbered, non-exclusive, non-transferable and revocable license to use the Site, provided that your personal and non-commercial purposes and these Terms are respected.
2.2. DCPC is the owner or licensee of all material and immaterial rights to the Site, as well as to the Site Content.
2.3. Neither DCPC, nor its parents, subsidiaries and/or affiliates, nor their partners, directors, employees and/or contractors, accept(s), invite(s) or consider(s) any unsolicited submissions of creative ideas, suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products, packaging or other product-related materials, product improvements, processes, materials, marketing plans, business-related research, business operations and/or new DCPC product names. Any proposed ideas not requested in writing by DCPC will automatically be treated as non-confidential and non-proprietary and will become the sole property of DCPC without compensation of any kind. DCPC, as well as its parents, subsidiaries and affiliates, will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing, however, restricts DCPC from developing any idea similar to any submission. Any person submitting an unsolicited idea, suggestion or proposal to DCPC therefore releases all right, title and interest in the content of such submission and agrees not to claim ownership of such content against DCPC.
2.4. The Site and Site Content are provided “as is”. DCPC makes no warranties, representations and/or endorsements, including, but not limited to, warranties of fitness for a particular purpose, express and/or implied, with respect to the Site and/or the Site Content.
2.5. Your access to the Site may be terminated by DCPC at any time, without notice, if DCPC believes, in its sole discretion, that you are in breach of the provisions of these Terms. In addition, DCPC may take judicial and extrajudicial measures in relation to such breach.
2.6. DCPC does not guarantee that the Site and/or the Site Content are fully adapted to other legislations and/or realities outside the Federative Republic of Brazil and/or that they can be accessed and/or downloaded outside the Federative Republic of Brazil. If you access the Site abroad, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are located.
3.1. AnimaPIC may use all communication channels with the User (e.g. e-mail, telephone call and/or SMS), as registered in the User's Access Account.
3.2. The User is solely responsible for receiving communications. It is therefore essential that the User keeps their Access Account details up to date.
3.3. The User is responsible for configuring the “anti-spam” mode on their computer so as not to interfere with the receipt of communications and materials from AnimaPIC.
3.4. It is the User's and Visitor's sole responsibility to pay for the means necessary to navigate the Site (including, but not limited to, the requirements for Internet access).
4.1. The use of the expressions “AnimaPIC”, “De Criança Para Criança” and “DCPC”, as well as trademarks, corporate names and/or domain names, the Site, the Site Content, computer programs, software, databases, networks and files (collectively “DCPC Intellectual Property”) are the property of DCPC and/or its licensors and are protected by applicable laws and treaties.
4.2. By accessing the Site, the Visitor and the User must respect all of DCPC's Intellectual Property rights, as well as those of all third parties that are, or have been, in any way available on the Site. Simple access to the Site does not grant the User and/or Visitor any rights in relation to any item of DCPC's Intellectual Property and/or that of any third party.
4.3. Nothing contained herein shall be construed as conferring any license or rights under any Intellectual Property of DCPC.
4.4. No part of the Site may be reprinted, republished, modified or distributed in any format without the express written permission of DCPC. You may not reproduce, reverse engineer, modify, transmit, sell, distribute, license or create derivative works from the Site. Any use not expressly authorized is strictly prohibited.
4.5. DCPC respects the intellectual property rights of third parties. DCPC may, in appropriate circumstances, at DCPC's sole discretion, remove and/or disable access to material on its Site that infringes a third party's copyright. DCPC may also, in its sole discretion, remove or disable links and/or references to an online location that contain material and/or activities not permitted by law and/or DCPC's conduct policies. If DCPC finds that any Visitor and/or User has infringed a third party's copyright, DCPC may, at its sole discretion, block, suspend and/or terminate such User's Access Account and/or terminate the license subject to this Term.
4.6. If the User believes that his/her creation has been used on the Site in any way that constitutes copyright infringement, the User must notify DCPC in writing. Said notification must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the holder of the allegedly infringed copyright; (ii) a description of the creation to which the User claims the copyright has been infringed, including a copy of your creation or the address of the electronic page where the previous creation is and/or was published; (iii) identification of the location on the Site of the creation that you claim has been infringed; (iv) the name, address, telephone number and e-mail address of the User; (v) a statement that the User has a good faith belief that use of the material in question is not authorized by the copyright holder or by law; (vi) a statement that the information in this notification is accurate; and (vii) a statement that the User is the copyright holder of the allegedly infringing creation or is an attorney-in-fact for the copyright holder (attaching the relevant power of attorney).
5.1. Privacy Policy: The User's Personal Data required to open the Access Account (e.g. first name, last name and e-mail address) will be used to fulfill the purposes of creating said account. In addition, such Personal Data may be used to communicate offers, news and information about DCPC and you authorize such use by DCPC. Other conditions of AnimaPIC's Privacy Policy can be found in the document Privacy Policy (https://animapic.com/privacidade).
5.2. “Cookies”: AnimaPIC installs a validation cookie on the User's electronic device (e.g. computer and cell phone) when the User creates an Access Account and/or logs in to the Site, in order to identify the User's country of origin, language preferences and personal preferences. The User can uninstall the cookie at any time through the configuration options of their browser.
5.3. Access to the Site by Minors under 18 (Eighteen) Years of Age: Animapic has no way of distinguishing the age of people who access the Site and/or register Access Accounts. Therefore, Animapic will collect your information and apply its Privacy Policy (https://animapic.com/privacidade) in the same way as with any other person. However, if an underage User has provided Animapic with personal information when creating the Access Account, without the consent of the parents or legal guardians, the parents or legal guardians should contact AnimaPIC at the following e-mail address tecnologia@dcpc.com.br to remove the information and/or cancel the respective Access Account. DCPC hereby informs you that the Content of the Site is educational in nature and is free to view for any and all Users and Visitors, regardless of their age.
5.4. Compliance with Law 13.709/2019 (“General Data Protection Law” (“LGPD”)): Animapic undertakes to protect the inviolability of the User's privacy and intimacy, and must guarantee the secrecy and security of their data. Animapic implements constant technical and administrative security measures to protect the User's Personal Data against unauthorized access and accidental situations, or any form of inappropriate treatment, to ensure compliance with the applicable and current legislation regarding the protection of Personal Data. Animapic's rules of good practice ensure that the processing of Sensitive Personal Data and Non-Sensitive Personal Data (as such terms are defined in the LGPD) is lawful and limited to the purposes for which it is intended and the authorized purposes, to ensure accuracy, integrity, confidentiality and anonymization, as well as to guarantee respect for the privacy, inviolability of intimacy and image of the User. You can request a free consultation on the processing of your Personal Data by Animapic. To do so, whenever you wish, you can contact AnimaPIC at the following e-mail address tecnologia@dcpc.com.br.
5.5. How We Treat User Data: Animapic collects the User's contact information (e.g., city, state, telephone number and e-mail address) and the User's personal data (e.g., full name) only for purposes such as Access Data to AnimaPIC's services. No data is requested from the Site Visitor (while in the Visitor role).
5.6. Disclosure of Information: In exceptional circumstances, in order to comply with a legal obligation (including, but not limited to, by order of an administrative or judicial authority), DCPC may disclose confidential information appearing on the Site of any User or Visitor who has violated and/or caused any Harm, whether intentionally or unintentionally, including, but not limited to: (i) rights or Intellectual Property of DCPC; (ii) rights of other Users and/or Visitors of the Site; and/or (iii) rights of any third party.
6.1. AnimaPIC shall not be liable for any Damages claimed and/or incurred by the Visitor, the User and/or any individual in connection with the use of the Site and/or in connection with any access to any other material on the Internet via links from the Site.
6.2. The Visitor and/or User has no right to demand the availability of the Website as it suits them, nor can they claim compensation for any Damages if the Website remains down, regardless of the reason why it is down.
7.1. The User is allowed to interact with other Users and with the DCPC teams. Interactions can be carried out by posting User Generated Content. By submitting or posting any User Generated Content on the Site, the User agrees that:
- is solely responsible for the User Generated Content;
- the elements of your User Generated Content must be objective and coherent in relation to the topic, product or theme;
- the User Generated Content does not defame or infringe intellectual property rights, privacy rights or any other rights of third parties;
- the User will not stalk, threaten or harass other Users, nor will the User infringe, invade or attempt to infringe or invade the privacy of such other Users;
- the User shall not post any information or material that may constitute or encourage conduct that is morally offensive and/or that violates any applicable law;
- the User expressly authorizes, on an exclusive, irrevocable, irreversible, perpetual and universal basis, and agrees that DCPC, at its sole discretion, may use and disclose its User Generated Content, in any format and in any countries and territories of the world, in perpetuity, it being understood that any and all designs posted by the User on the Site may be used by DCPC, in any way, in audiovisual works (including, but not limited to, animation works), and may be edited and transmitted by any means of communication, including DCPC's social media networks ( https://bit.ly/dcpc-facebook , https://bit.ly/dcpc-insta , https://bit.ly/dcpc-yt ), in any type of material support or any existing modalities of use, and may disclose, distribute, commercialize and store it in a collection, including in a database on the Internet. DCPC has no obligation to pay (beyond what has already been agreed), reimburse or indemnify the User for the use of its User Generated Content;
- the User expressly authorizes DCPC, on an exclusive, irrevocable, irreversible, perpetual and universal basis, to use the User Generated Content for the production of books, rag dolls, digital games, digital cards, marketing material and anything else that may be created for various purposes, both educational and entertainment, in any and all countries and territories of the world, in perpetuity. DCPC has no obligation whatsoever to pay (beyond what has already been agreed), reimburse or indemnify the User for such use of its User Generated Content;
- if the information provided by the User is false or incorrect, the User agrees to review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness; and
- the User acknowledges that DCPC may use his/her Access Account information in the event of an order from an administrative or judicial authority.
7.2. The User agrees that DCPC may, but shall have no obligation to, display the User Generated Content, the User's name and/or the User's real name (according to the preferences selected at the time of the respective registration).
7.3. YOU AGREE NOT TO POST ANY USER-GENERATED CONTENT THAT IS FALSE, MISLEADING, CONFIDENTIAL, HARMFUL, THREATENING, ABUSIVE, OFFENSIVE, DEFAMATORY, OBSCENE, PORNOGRAPHIC, PEDOPHILIC, VIOLENT, INVASIVE OF ANOTHER PERSON'S PRIVACY OR PROTECTED DATA, BIASED, RACIST, INFRINGES A COPYRIGHT AND/OR IN ANY WAY VIOLATES NATIONAL AND/OR INTERNATIONAL LAWS.
7.4. DCPC RESERVES THE RIGHT, AT ANY TIME, TO MODIFY OR REMOVE ANY USER-GENERATED CONTENT THAT CONTRAVENES THESE TERMS AND/OR APPLICABLE LAWS AND REGULATIONS. IN ANY EVENT, DCPC IS NOT RESPONSIBLE FOR THE NATURE OF THE USER-GENERATED CONTENT. HOWEVER, DCPC WILL TAKE IMMEDIATE ACTION IF THE USER-GENERATED CONTENT DOES NOT COMPLY WITH THESE TERMS.
8.1. If you have any questions about these Terms and Conditions, please send an e-mail to: tecnologia@dcpc.com.br.
9.1. Animapic provides links to other websites. Animapic does not endorse or make any warranties about these websites, any information, other products and/or materials found on these websites and/or any results that may be obtained from using them. If you decide to access any of these other websites linked to the Site, you do so at your own risk. AnimaPIC has no responsibility for the content of such other websites and shall not be liable for any Damages alleged and/or incurred by the User, the Visitor and/or any individual in connection with the use of such third party websites.
10.1. Animapic may terminate access to the Site or close the Site, at any time, at AnimaPIC's sole discretion.
10.2. Animapic may immediately issue a warning and/or suspend and/or terminate your access to the Site if there is a breach or suspected breach of this Term (or any of its updates and/or AnimaPIC's conduct policies).
11.1. These Terms are subject to constant improvement and enhancement. AnimaPIC therefore reserves the right to unilaterally modify these Terms at any time.
11.2. By browsing the Site and using its features, the User accepts the Term then in force and must therefore check it each time they visit the Site.
12.1. Tolerance of any failure to comply with any of the clauses and conditions of these Terms shall not constitute a novation of the obligations stipulated herein, nor shall it prevent or inhibit their enforceability at any time.
12.2. If any provision of these Terms is held by any competent authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions contained in these Terms, which shall remain in force and binding.
13.1. These Terms are governed by the laws of the Federative Republic of Brazil, and the Court of the District of São Paulo, State of São Paulo, is elected as the sole competent court to settle any dispute, question or doubt that may arise, expressly waiving any other jurisdiction, however privileged it may be.
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Last update: 2024-08-19
By Kids to Kids Educational Materials and Services Ltd.
