Membership Terms www.horseworldchannel.com
GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES AND CONTENT RELEASE TO THE CLIENT BY HORSEWORLDCHANNEL.COM AND OTHER OBLIGATIONS;
FABIANA BULL HAIK COMERCIO EPP, individual company with its headquarters at Rua Martinica, 505, Jardim Uirapuru, Sorocaba, SP, CEP: 18046.805, registered on CNPJ/MF under No. 08.790.468/0001-39, in this act represented in the form of its Social Contract, henceforth simply named HORSEWORLDCHANNEL.COM, and CLIENT, private or legal individual, identified according to the registration confirmation (Confirmation), henceforth simply named CLIENT.
CLAUSE ONE: DEFINITIONS
1.1. For the effects of this Contract, the terms below will have the following meanings:
“Content” means the content of the programs of HORSEWORLDCHANNEL.COM, made available to the CLIENT, in an onerous manner, in any connected screen (“Connected Screen”), through the website located on URL www.HORSEWORLDCHANNEL.COM (“Website”) and/or any other application that allows for the access to such content (“App”), with the possibility of the referred content to vary, from time to time, according to the discretion of HORSEWORLDCHANNEL.COM;
“Parties” means when the Contract refers to both HORSEWORLDCHANNEL.COM and CLIENT;
“Services” means the On Demand and Streaming video services offered by HORSEWORLDCHANNEL.COM to the CLIENT on the limits drawn by this Contract.
CLAUSE TWO: OBJECT
2.1. The object of this Contract consists in the provision of the video Content broadcasted on HORSEWORLDCHANNEL.COM in languages originating from the respective audiovisual production countries, being up to HORSEWORLDCHANNEL.COM to reserve the right to translate or not the videos by subtitles or dubbings in its criteria of interest by region of distribution of them; and in the provision of Services to the CLIENT, according to the terms and conditions established in this Contract.
. Term of Use of FREE HORSEWORLDCHANNEL.COM - https://login.HORSEWORLDCHANNEL.COM/termodeuso
2.2. HORSEWORLDCHANNEL.COM will not be responsible, in no hypothesis, for providing the Broadband Internet Connection or Dial-up Connection to the CLIENT.
2.3. When contracting the Content which constitutes as object of this Contract, the CLIENT will also have the automatic access to all the content made available in a non-onerous manner by HORSEWORLDCHANNEL.COM, taking notice of the term of use that regulates the free content available on https://login.HORSEWORLDCHANNEL.COM/termosUso, in which the CLIENT manifests their agreement.
2.4. When performing the Registration which constitutes as object of this Contract, the CLIENT will have automatic access to all the content made available in a non-onerous manner, i.e. all the content made available on the Free Lineup, by HORSEWORLDCHANNEL.COM, taking notice of the term of use that regulates the free content available on https://login.HORSEWORLDCHANNEL.COM/termosUso, in which the CLIENT manifests their agreement.
CLAUSE THREE: REGISTRATION
3.1. The adhesion to the Contract will be considered effective through the following procedure:
- the CLIENT registers on HORSEWORLDCHANNEL.COM website; or
- the CLIENT provides the necessary information to the check-out registration in the shopping carts of the services providers (Eduzzz and PayPal), or
- the CLIENT receives their Confirmation via e-mail.
3.1.1. The CLIENT must, at the time of the registration, opt for the payment method by filling out all the requested data, being able to change it, if there are other payment methods available, during the term of the Contract, as long as they do it at least 15 (fifteen) days before the expiration.
3.1.2. The CLIENT must have full attention when registering through the website system, being hereby stated that HORSEWORLDCHANNEL.COM does not take responsibility for CLIENT mistakes when registering, such as, for example, double registration on the website, wrong data information, etc.
3.1.3. THE CLIENT DECLARES TO BE AWARE THAT THE CONFIRMATION OF THE CONTRACT, AND ANY UPDATES REGARDING EVENTUAL CHANGES OF THE CONTRACT, OF THE CONTRACTED SERVICES AND/OR OF THE CONTENT MADE AVAILABLE, WILL BE MADE EXCLUSIVELY THROUGH THE E-MAIL PROVIDED AT THE TIME OF REGISTRATION AND THAT THIS E-MAIL MUST BE CORRECTLY INFORMED, RELEASING HORSEWORLDCHANNEL.COM FROM ANY LIABILITY IF THE CLIENT, AS A RESULT OF THE INCORRECTLY INFORMED DATA, COMES TO SUFFER ANY DAMAGES OR ANOTHER PERSON COMES TO HAVE ACCESS TO THEIR DATA.
3.2. After the Confirmation has been sent, the CLIENT will have 07 (seven) days to dispute the information. If they don’t dispute the Confirmation within the above deadline, this Contract will be considered valid and accepted for every legal purposes.
3.3. The CLIENT will create a Login (Username) and Access Password (Password), named Authentication Data, which will allow them access to the contracted Services and to the Content made available, in the constant terms of this Contract and of the other documents that complement it, in the form of what’s stated in sub-item 2.1.1 above.
3.4. If the data informed by the CLIENT at the time of registration are wrong or incomplete, making the confirmation and complete identification of the CLIENTE impossible, HORSEWORLDCHANNEL.COM will have the right, in its exclusive criteria, to automatically block and/or cancel the Username and unilaterally terminate this Contract with the CLIENT, being hereby stated that HORSEWORLDCHANNEL.COM will be released of any liability or compensation to the CLIENT regarding the contract of the Services and the provision of the Content.
3.5. The CLIENT may not choose as Username words, expressions or graphic-nominative sets that have already been previously chosen by another CLIENT, or yet, that are offensive, insulting, coincidental with products or services brands, social nominations, advertising expressions, names or aliases of public persons, famous people or registered by third parties and, generally, contrary to the law, order or moral demands of the good customs commonly accepted.
3.6. The CLIENT will answer for the costs or losses resulting from the eventual usage of the Authentication Data by third parties, whether they come from loss or theft, until the moment of effective communication to HORSEWORLDCHANNEL.COM.
3.7. The CLIENT authorizes HORSEWORLDCHANNEL.COM to send via e-mail, SMS, phone, or conventional direct mailing, or any means of communication of the company with information of products and/or services of HORSEWORLDCHANNEL.COM and/or its partners.
3.7.1. Notwithstanding, the CLIENT hereby accepts receiving from HORSEWORLDCHANNEL.COM messages related to this contract via e-mail, letter, SMS, phone call or any other means of communication existing presently or to be created in the future.
CLAUSE FOUR: CONTENT PROVISION AND RESPONSIBILITIES OF HORSEWORLDCHANNEL.COM
4.1. HORSEWORLDCHANNEL.COM takes responsibility for making the contracted Content available to the CLIENT - depending on the Confirmation document - 24 (twenty four) hours a day, 07 (seven) days a week, except on the periods of interruption for maintenance events, failures in the provision of services from the phone companies, pay-television or other telecommunications companies and access providers which prevent the accessibility to the contracted Services and/or to the Content made available, fortuitous events - also understood here, the intervention of third parties (e.g. attacks by hackers, crackers, etc.) and of greater force.
4.1.1. HORSEWORLDCHANNEL.COM will not take responsibility for eventual damages caused to the CLIENT resulting from periods of interruption that may come to impair the access to the contracted Services and Content made available, as stated in item 4.1 above.
4.1.2. HORSEWORLDCHANNEL.COM takes no responsibility for failures in the authentication coming from the physical infrastructure of internal access of the CLIENT, and will not compensate the CLIENT for such failures.
4.3. The CLIENT 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 Content, and HORSEWORLDCHANNEL.COM grants the user a non-exclusive (by individual IP), non-transferable and limited license to use the product.
HORSEWORLDCHANNEL.COM reserves the right to, at any time and in its exclusive criteria, to stop providing, updating or replacing any available Content on the Portal, as well as excerpts.
4.4. Regarding the provision of the Content, HORSEWORLDCHANNEL.COM makes it clear that the complete content viewing is subject to permission of image use on the Internet. This way, the CLIENT is aware that the lack of complete of part of complete content in programs, videos, chapters and/or episodes is 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. The client is hereby aware that possible content made available on the free lineup (streaming) may not available on the on demand area, or vice-versa.
CLAUSE FIVE: OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
5.1. The CLIENT is exclusively responsible for the use and preservation of their Authentication Data, taking obligation to honor the financial and legal commitments resulting from the preservation and eventual poor use of them.
5.1.1. Without losses of what is stated on item 5.4 of this Contract, if there are reasons to believe that third parties had access to their Authentication Data, the CLIENT must immediately provide its changing, via the Customer Service Center, under penalty of being considered entirely responsible for damages and losses resulting from the poor use of their Authentication Data, the CLIENT remaining, however, responsible for damages and losses mentioned until the moment of the changing request previously referred.
5.1.2. All of the materials, Software, brands, technologies, names and programs provided by HORSEWORLDCHANNEL.COM (with the exception of Software expressly identified as public domain) for the attainment of the object of this Contract are protected by copyrights, being property of HORSEWORLDCHANNEL.COM or its independent suppliers. Any violation of these rights by the CLIENT or by third parties, using their Authentication Data will be responsibility of the CLIENT, implicating the adoption of the applicable legal measures, and the immediate termination of this Contract, with no right of compensation for the CLIENT.
5.2. The CLIENT acknowledges that all the Content, such as but not limited to images, video, audio, designs, pictures, text, special effects, software, messages, illustrations and information are protected by copyrights and intellectual property rights, owned by HORSEWORLDCHANNEL.COM or by third parties which have licensed their material to HORSEWORLDCHANNEL.COM.
5.4. It is hereby established that, in the case of poor or inadequate use by the CLIENT of the contracted Services and of the Content made available, they will be fully responsible before HORSEWORLDCHANNEL.COM and before third parties for any damages caused, and HORSEWORLDCHANNEL.COM may notify the CLIENT by letter, fax, and/or e-mail provided in the time of Registration, who should adequate themselves to what has been established in this Contract and correct their conduct within 24 (twenty four) hours, under penalty of unilateral termination of this Contract, and the adoption of applicable legal measures. HORSEWORLDCHANNEL.COM takes no obligation before third parties for any damages caused by the CLIENT, due to or through the use of the Content made available.
5.4.1. If the CLIENT continues the poor or inadequate use of the contracted Services and of the Content made available, or yet, takes no measures to correct it, HORSEWORLDCHANNEL.COM reserves the right to block at any given time the access to them, and also with the possibility of unilateral termination of the Contract, and cancelation, in its exclusive criteria, the Authentication Data of the CLIENT.
5.4.2. HORSEWORLDCHANNEL.COM will not be responsible in face of the lack of the basic necessary requirements to enable the access to the Content made available, whether it’s through Hardware or Software items, or a connection structure able and apt for Internet with access provision.
5.5. HORSEWORLDCHANNEL.COM is respectively proprietor or licensee of all the Content, and it’s respectively owner of all the rights related to HORSEWORLDCHANNEL.COM. The Content and other properties of HORSEWORLDCHANNEL.COM are protected by copyrights and other intellectual property rights law. In this sense, as stated above, the CLIENT may not replicate, copy, use, execute, create, release derivative works, republish, upload, edit, send, transmit or distribute, by any means whatsoever, any part of the HORSEWORLDCHANNEL.COM content.
5.6. HORSEWORLDCHANNEL.COM reserves the right to cancel the CLIENT’S subscription, at any given time and with no prior notice, if it is found that they practice or come to practice any acts or maintain or come to maintain a conduct which (i) violates national and international laws and regulations (ii) goes against this contract, (iii) violates moral and good customs principles.
5.7. 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 CLIENT.
5.8 The CLIENT 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.
CLAUSE SIX: CUSTOMER SERVICE CENTER
6.1. HORSEWORLDCHANNEL.COM preferably offers online customer service to the CLIENT, which will be available exclusively by e-mail (firstname.lastname@example.org), in order to aid the CLIENT regarding questions or problems in the provision of the contracted Services and/or access to the Content made available, charges, and others.
CLAUSE SEVEN: HORSEWORLDCHANNEL.COM RIGHTS AND EXCLUSION OF LIABILITY
7.1. HORSEWORLDCHANNEL.COM reserves the right to change any technical-operational aspects of this Contract, being able to come to charge apart, suspend or cancel, in its exclusive criteria, at any given time, any of the offered items, such as contents, products, utility or application, made available by it or by third parties, and/or raise or lower any part of the contracted services e/or of the Content made available, regardless of any notice to the CLIENT, without such actions implicating in any infraction to this Contract.
7.2. If any of the modifications mentioned in items 7.1. above result in financial onus to the CLIENT, these will be made with prior and express communication to the CLIENT in at least 15 (fifteen) days in advance. During the retro mentioned period, the CLIENT may manifest their disagreement and report the Contract, with the eventual payments due, until cancelling, charged in the immediately posterior expiration date.
7.3. HORSEWORLDCHANNEL.COM will not be held responsible, under any hypothesis, for any inserted content or offer made to the CLIENT, when extrapolated the editorial aegis, if such action is executed by a third party (i) it’s default, (ii) in services which allow content publication, (iii) that had produced e have licensed the Content made available on the Portal and/or (iv) in areas meant for advertising and electronic commerce.
7.4. With the statements on the previous item in mind, HORSEWORLDCHANNEL.COM HAS NO LIABILITY FOR THE DAMAGES AND LOSSES OF ANY NATURE, THAT MIGHT BE A RESULT FROM THE PRESENCE OF VIRUS AND/OR OTHER HARMFUL ELEMENTS IN THE CONTENTS AND THAT, IN THIS WAY, MAY CAUSE CHANGES AND/OR DAMAGES ON THE PHYSICAL AND/OR ELECTRONIC OF THE CLIENT’S EQUIPMENT.
7.5. HORSEWORLDCHANNEL.COM does not guarantee the infallibility and utility of the Content made available and of the contracted Services.
7.6. HORSEWORLDCHANNEL.COM IS NOT RESPONSIBLE FOR THE DAMAGES AND LOSSES OF ALL NATURE THAT MIGHT RESULT FROM THE INSERTION, STORAGE, DISPOSITION, RECEPTION, ACCESS OBTAINMENT TO THE CONTRACTED SERVICES AND TO THE CONTENT MADE AVAILABLE, PARTICULARLY FOR THE DAMAGES AND LOSSES THAT MIGHT RESULT FROM: (A) THE LACK OF COMPLIANCE WITH THE LAW, THE GOOD CUSTOMS OR PUBLIC ORDER AS CONSEQUENCE OF THE INSERTION, STORAGE, DISPOSITION, RECEPTION, ACCESS OBTAINMENT TO THE CONTENTS THROUGH THE PROVIDING OF AUTHENTICATION; (B) THE INFRACTION OF COPYRIGHTS, OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, OF COMPANY SECRETS, OF CONTRACTUAL OBLIGATIONS OF ANY CLASS, OF RIGHT TO HONOR, TO PERSONAL AND FAMILIAR INTIMACY AND OF PEOPLE’S IMAGES, THE PROPERTY RIGHTS AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS CONSEQUENCE OF THE INSERTION, STORAGE, DISPOSITION, RECEPTION, ACCESS OBTAINMENT TO THE CONTENTS THROUGH THE PROVIDING OF AUTHENTICATION; (C) OF THE EXECUTION OF ACTS OF DISLOYAL COMPETITION AND ILLEGAL ADVERTISING AS CONSEQUENCE OF THE INSERTION, STORAGE, DISPOSITION, RECEPTION, ACCESS OBTAINMENT TO THE CONTENTS MADE AVAILABLE; (D) THE LACK OF TRUTH, PRECISION, EXAUSTIVITY, PERTINENCE AND/OR ACTUALITY OF THE CONTENTS INSERTED, STORED, RECEIVED, OBTAINED, PUT IN DISPOSITION OR ACCESSIBLE THROUGH THE CONTRACTED SERVICES AND CONTENT MADE AVAILABLE; (E) OF THE INADEQUECY FOR ANY PURPOSE OF FRAUD OF THE EXPECTATIONS GENERATED BY THE CONTENTS INSERTED, STORED, RECEIVED, OBTAINED, PUT IN DISPOSITION, OR ACCESSIBLE THROUGH THE PROVIDING OF AUTHENTICATION; (F) OF THE LACK OF COMPLIANCE, DELAY IN COMPLIANCE, DEFECT COMPLIANCE OR COMPLETION, BY ANY CAUSE, OF THE CONTRACTED OBLIGATIONS BY THIRD PARTIES AND CONTRACTS EXECUTED WITH THIRD PARTIES THROUGH OR BY ACCESS TO THE CONTENTS INSERTED, STORED, RECEIVED, OBTAINED, PUT IN DISPOSITION, OR ACCESSIBLE THROUGH THE CONTRACTED SERVICES AND/OR THE CONTENT MADE AVAILABLE; (G) OF THE VICES AND DEFECTS OF ALL CLASSES OF PRODUCTS AND SERVICES SOLD, ACQUIRED OR PROVIDED BY CLIENTS OR THIRD PARTIES ON THE INTERNET ENVIRONMENT.
7.7. HORSEWORLDCHANNEL.COM is not responsible for any interruption and/or failures on the access to the contracted Services and/or to the Content made available originating from physical infrastructure of internal access of the CLIENT or from their connection to the Internet, as well as any block and/or incompatibility that these service providers mentioned above might come to have with HORSEWORLDCHANNEL.COM contracted Services and/or to the Content made available by it, and will not compensate the CLIENT for such failures.
7.8. O HORSEWORLDCHANNEL.COM will not be held responsible for oscillations on the CLIENT’S connection service speed or failures resulting from problems in the Connection’s infrastructure.
7.9. HORSEWORLDCHANNEL.COM is not responsible for the technical availability of Broadband Access and/or Narrow Band from the place where the CLIENT resides.
CLAUSE EIGHT: PRICE, PAYMENT CONDITIONS AND PENALTIES
8.1. As consideration for the Service provision and Content provision, the CLIENT must pay HORSEWORLDCHANNEL.COM the monthly or annual corresponding to the subscription made on the Confirmation. The Confirmation will contain all the commercial data of the contracting and eventual promotional information that change what has been established in this Contract.
8.2. THE VALUES DEFINED IN THIS CONTRACT MAY BE READJUSTED ANNUALY ACCORDING TO THE ECONOMIC REGULATION POLICY PRACTICED BY HORSEWORLDCHANNEL.COM .
8.2.1. The readjustment defined in item 8.2 shall proceed in the manner defined by item 8.2 above.
8.2.2. In exclusive criteria of HORSEWORLDCHANNEL.COM, such readjustments may partially or fully stop being applied in the legal periodicity, not constituting in renouncement or novation to any right related on the terms of this Contract.
8.3. Verifying a delay on the payment by the CLIENT, the due and unpaid value will be charged, plus the interest of 01% (one per cent) per month, calculated pro rata die, and penalty of 02% (two per cent), along with the value of the monthly fee, on the expiration of the invoice of the immediately subsequent month.
8.4. Regardless of this measure, in exclusive criteria of horseworldchannel.com, the access to the content made available and to the services contracted for defaulting clients may be immediately suspended / blocked until the effective settling of the open debt and the contract considered terminated, on the terms of sub-item 10.2.3 below.
8.5. The due values to HORSEWORLDCHANNEL.COM by the CLIENT must be paid, in the CLIENT’S choice, through the following method, which may or may not be made available in its completeness, depending on the type of subscription: (i) credit card.
8.5.1. The CLIENT should indicate by occasion of registration, the most adequate date for payment, among the ones available on the moment of joining.
8.5.2. For payments via credit card, the CLIENT must have enough limit for the charge, if not, it will be charged on the next expiration with fine and interests, as defined in this Contract.
8.5.3. The CLIENT hereby agrees that, in the impossibility of HORSEWORLDCHANNEL.COM charging the due value, HORSEWORLDCHANNEL.COM will immediately suspend and cancel the registration and services mentioned in this term.
8.5.4. The CLIENT, when using the payment method of credit card, declares to be aware and agree that, if HORSEWORLDCHANNEL.COM is not able to charge using the chosen method due to the credit card being expired or the registered charging data being incorrect, their payment method will be cancelled with services automatically suspended by HORSEWORLDCHANNEL.COM.
8.5.5. The CLIENT who chooses payment via credit card, declares to be aware and agrees that when their card’s expiration date arrives, they will immediately execute the updating of their registration in HORSEWORLDCHANNEL.COM, with the purpose of informing a new card number ou request a new payment method, consequently ensuring the progression of the charging of their subscription. Additionally, the CLIENT hereby agrees that, if they don’t update their registration, HORSEWORLDCHANNEL.COM may automatically suspend the services.
8.5.6. The first monthly fee for the provision of services contracted and for the provision of content will be charged proportionally (pro rata die), based on the nominal value and the days of availability of access to the content to the client. In that case, when the value of the first billing is inferior to what is economically acceptable, i.e. such value is incompatible with the billing costs, the pro rata die value will be accumulated for charging along with the next month’s monthly fee with no additional interests, fine and/or monetary adjustment.
8.6. If the client remains defaulting after charging attempts, horseworldchannel.com reserves the right to include their name on the registration of defaulting clients of the service of credit protection and hire a charging company to retrieve the due value, the client then agreeing with paying all the resulting costs, with no prejudice of the other penalties defined in this contract.
8.7. The CLIENT understands and agrees that HORSEWORLDCHANNEL.COM may, at any given time, change the payment methods and expiration date, in its exclusive criteria.
CLAUSE NINE: VALIDITY
9.1. The validity of the contract is indetermined, except if established otherwise when confirming.
9.2. Each and every cancelation of the services must be done via e-mail (email@example.com) with no possibility of doing it via chat, letter, fax, or any other mean.
9.3 After the purchase, the consumer has 7 (seven) days for free cancelation according to the CDC – Brazilian Consumer Defense Code.
CLAUSE TEN: REPORT AND TERMINATION
10.1. This Contract may be unilaterally reported by HORSEWORLDCHANNEL.COM, at any given time and without due cause, with the sending of communication to the CLIENT with 30 (thirty) days in advance. The CLIENT may report the Contract, at any given time and without due cause, with communication via e-mail (firstname.lastname@example.org).
10.1.2. In the hypothesis of the CLIENT reporting the Contract, on the terms of Clause 10.1 above, the due values will be corresponding to the access of the contracted Services and to the Content made available until the completion of the month of the reporting, calculated pro rata die, with expiration in the month immediately posterior to the one of the reporting.
10.1.3. In the hypothesis of the Confirmation defining a minimum determined term of use of the contracted Services and of the Content made available, it is up to HORSEWORLDCHANNEL.COM to charge a fine from the CLIENT if they report the Contract beforehand. The fine should be clearly expressed in the Confirmation.
10.2. This Contract may be terminated, in full right, by any of the Parties if the following hypotheses occur:
10.2.1. noncompliance by the other Party of any of the clauses of this Contract, not cleared within 15 (fifteen) days after the date of receiving the notification requesting measures;
10.2.2. immediately, if there is, in the name of HORSEWORLDCHANNEL.COM or of the CLIENT a request or proposition of legal or extrajudicial retrieval, request, requirement, declaration or approval of bankruptcy or insolvency, or yet, conversion of legal retrieval in bankruptcy;
10.2.3. immediately, in the hypothesis of defaulting by the CLIENT for more than 40 (forty) days, regardless of the suspension of access to the contracted Services and/or to the Content made available;
10.2.4. in the hypothesis of HORSEWORLDCHANNEL.COM suspending or terminating definitively the offer of the Services and/or the provision of Content, object of this Contract.
10.2.5. immediately, by court, legal or regulatory order which invalidates the fulfillment of the object of this Contract.
10.3. In the hypothesis of termination by defaulting of the CLIENT, defined in sub-item 10.2.3 above, the preservation of any of their data kept by HORSEWORLDCHANNEL.COM, including, but not limited to, registration password, e-mail accounts, messages and its contents, etc., will be automatically discontinued, immediately.
CLAUSE ELEVEN: GENERAL PROVISIONS
11.1. The Parties agree that horseworldchannel.com will have the right to regressive action agains the client by what horseworldchannel.com effectively pays - including judicial costs and the lawyer(s) and technical assistant(s) fees, hired by horseworldchannel.com - according to the claim, assessment, inquiry, administrative process and/or legal action, instituted or proposed, based on legal facts or legal grounds linked to the obligations of the client defined on clause six above. In the hypothesis of legal action, the client agrees to accept the denunciation of the dispute made by horseworldchannel.com.
11.2. If any of the Parties cease to exercise any rights or faculties which are granted by this Contract or by the Law practiced in Brazil, as well as the eventual tolerance against contractual infractions committed by the other Party, it will not matter in the waiver by the Party to any of their contractual or legal rights, novation or changing of the clauses of this Contract, the damaged Party being able to, in their exclusive criteria, exercise them at any time.
11.3. The CLIENT that communications through Internet: (i) can be violated and (ii) can result in the installation of virus and manipulation of the CLIENT’S computer by third parties. The CLIENT is aware and agrees that HORSEWORLDCHANNEL.COM does not have the obligation of ensuring the integrity, security or confidentiality of the communications or data of them, informed by this through the use of the Access.
11.3.1. So, it is recommended that the CLIENT seeks the latest versions of antivirus, Software and correction of errors to make their computer protected against possible attacks.
11.4. This Contract and the Confirmation within it constitute the complete understanding between the CLIENT and HORSEWORLDCHANNEL.COM. The CLIENT may not grant their rights received by this Contract to third parties without prior written notice (via e-mail email@example.com) to HORSEWORLDCHANNEL.COM.
11.5. The CLIENT expressly declares and ensures, for all the legal purposes, that they are legally able to celebrate this Contract and use the contracted Services and/or the Content made available, and to be financially responsible for its use and payment of the costs and expenses resulting from this Contract.
11.6. The Parties are obligated for themselves, their heirs and successors, to the faithful compliance of this Contract.
11.7. Any notification, authorization or requisition should be made in writing and will be considered dully executed when sent by e-mail to the other party, on the respective address defined on the preamble of the Contract (firstname.lastname@example.org).
11.8. The topics of the clauses of this Contract are merely referential and should not be interpreted in a manner that restricts its reach and full applicability.
11.9. For contract via Internet, clicking on the confirmation field named Agree with the Terms Above is considered, for all legal purposes, acceptance from the CLIENT, via web, of all the terms and conditions of this Contract, with it beginning to regulate the relation between the Parties.
11.10. The access to the Content made available is considered, for all legal purposes, as confirmation from the CLIENT of all the terms and conditions of this Contract, with it beginning to regulate the relation between the Parties.
11.11. The CLIENT declares to have read and to be aware and fully agree with all the terms and conditions of this Contract and of the documents mentioned on it.
11.12. The CLIENT is aware that, in free criteria of the phone operator, pay television or any other telecommunications operator and/or their access provider, the connection may be replaced by another technology, if it’s verified its obsolescence or commercial impracticability, HORSEWORLDCHANNEL.COM being released of any responsibility or damages resulting from said providence.
11.13. HORSEWORLDCHANNEL.COM provides the Content and/or Services to the CLIENT from the contraction of the subscription. Thus, regardless of the use, the values related to the plan must be paid by the CLIENT.
CLAUSE TWELVE: APPLICABLE LEGISLATION AND JURISDICTION
12.1. This Contract is ruled and interpreted according to the laws of the Federal Republic of Brazil. The Central Court of the City of Sorocaba, state of São Paulo, Brazil is elected to resolve any issues resulting from this Contract, the Parties giving up of any other, no matter how privileged it is or comes to be.