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These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, advertisements, merchant services, and our other covered services that are bound by these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, video or other materials or arrangement of materials uploaded, downloaded or displayed on the Services (collectively, “Content” ). By using the Services, you agree to be bound by these Terms.

1. Who can use the Services

You may use the Services only if you agree to form a binding contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any event, you must be at least 13 years of age to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so and have the power to bind such entity to these Terms, in which case the The words you and your as used in these Terms will refer to such entity.

2. Privacy

Our Privacy Policy describes how we handle the information you provide when using our Services. You understand that by using the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of such information to the United States, Ireland and/or other countries for the purposes of storage, processing and use by our Company and its affiliates.

3. Content on the Services

You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You should only provide Content that you are comfortable sharing with others.

Any use of or reliance on any Content or materials posted through the Services or obtained by you through the Services is at your sole risk. We do not approve, support, represent or guarantee the integrity, veracity, accuracy or reliability of any Content or communications published through the Services, nor do we endorse any opinions expressed therein. You understand that when using the Services, you may be exposed to Content that is offensive, harmful, inaccurate, inappropriate, or in some cases, misidentified or fraudulent postings. All Content is the sole responsibility of the person who creates it. We cannot monitor or control the Content posted via the Services, and we cannot be responsible for such Content.

We reserve the right to remove Content that violates the User Agreement, including, for example, copyright or trademark violations or other intellectual property misappropriation, misrepresentation, illegal conduct or harassment. There is information related to specific policies and the process for reporting or complaining about a violation in our help center.

Your Rights and the Grant of Rights in the Content

You will retain your rights to any Content you submit, post or display on or through the Services. What is yours will be yours; you own your Content (and your embedded audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a free, non-exclusive, worldwide license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify , publish, transmit, display, and distribute such Content in any and all media types or distribution methods now available or hereafter developed (for clarity, these rights include, for example, curation, transformation, and translation). This license authorizes us to make your Content available to the rest of the world and allows other users to do the same. You agree that this license grants our Company the right to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals that partner with our Company for distribution purposes. , Retweet, transmit, disseminate or publish it in other types of media and services, subject to our terms and conditions of use of Content. Such additional uses by our Company or other companies, organizations or individuals partnering with our Company are without owing you any compensation for the Content you submit, post, transmit or otherwise make available through the Services once that your use of the Services is agreed to be sufficient compensation for the Content and the grant of rights herein.

Our Company has a constantly evolving set of rules related to how ecosystem partners can interact with your Content on our Company Services. Such rules exist to enable the existence of an open ecosystem, taking into account your rights. You understand that we may modify or adapt your Content once it has been distributed, published or transmitted by our Company or our partners and/or make changes to your Content to adapt it to different types of media.
< You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, powers and/or authorizations necessary to grant the rights herein to any Content submitted, posted or displayed by you on or through the Services . You agree that the Content will not contain material protected by copyright or other proprietary rights unless you have the necessary permission or are otherwise legally authorized to post the material and to grant our Company the license described above.

4. Use of Services

Please review our Company Rules and policies, which are part of the User Agreement and describe what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

Our Services are constantly evolving. Therefore, the Services may be changed from time to time at our sole discretion. We may stop (permanently or temporarily) providing the Services or any features in the Services to you or users generally. We may also retain the right to create usage and storage limits at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit the distribution or visibility of any Content on the Service, suspend or terminate user accounts, and reclaim usernames without liability to you.

In consideration to our Company for granting you access to and use of the Services, you agree that our Company and its third party providers and partners may place advertisements on the Services or in connection with the display of Content or information from the Services, whether submitted by you or other people. You also agree not to misuse our Services, for example, by interfering with or accessing them through a method other than the interface and instructions provided by our Company. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our Company's computer systems, or the technical delivery systems of our Company's suppliers; (ii) probe, scan or test the vulnerabilities of any system or network, or breach or neutralize any security or authentication measures; (iii) access or search, or attempt to access or search the Services by any means (automated or otherwise) other than through the published and updated interfaces made available by our Company (and subject to the respective terms and conditions) , except when you have been specifically authorized to perform these acts through a separate agreement with our Company (NOTE: crawling or using automatic indexers in the Services is permissible as long as it is carried out in accordance with the terms and conditions contained in the file robots.txt; however, scraping of the Services without the prior consent of our Company is expressly prohibited); (iv) forge the header of any TCP/IP packet or any part of the information contained in the header of any e-mail or note, as well as use the Services in any way to send altered, misleading or false source-identifying information; or (v) interfere with or harm, (or attempt to do so), the access of any user, hosting service provider (main or server storage) or network, including, without limitation, through acts such as sending viruses, overloading, flooding, spamming (unsolicited communications), email-bombing directed to the Services, or through the use of scripts to create Content in a manner that interferes with the Services or creates a burden excessive in them. We also reserve the right to access, read, preserve and disclose any information as we believe is reasonably necessary to (i) satisfy a governmental request under any applicable law, regulation or legal process, (ii) enforce the Terms, including investigation of potential violations of this Agreement, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our Company, its users and the public. Our Company does not disclose personal information to third parties except in accordance with our Privacy Policy.

Your account

You may need to create an account to use some of our Services. You are responsible for protecting your account, so use a strong password and limit its use to this account. We cannot and will not be responsible for any loss or damage arising from your failure to do the above.

You can control most communications from the Services. Our Company may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you will not be able to opt out of receiving them. If you have added your phone number to your account and later change or deactivate that phone number, you will need to update your account information to help prevent our Company from contacting anyone who purchases your old number.

Your license to use the Services

Our Company offers you a personal, worldwide, non-assignable, non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of permitting you to use and enjoy the benefit of the Services, as described by our Company, in the manner permitted by these Terms.

The Services are protected by copyrights, trademarks and other laws of Brazil and other countries. Nothing in the Terms gives you a right to use our Company name or any of its trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title and interest in and to the Services (except those related to Content provided by users) are and will remain the exclusive property of our Company and its licensors. Any feedback, comments or suggestions provided regarding our Company or the Services are completely voluntary and may be used as feedback, comments or suggestions at our convenience and without any obligation to you..

Termination of these Terms

You may terminate your legal agreement with our Company at any time by deactivating your accounts and discontinuing use of the Services. Please see the Privacy Policy for more information about what happens to your information.

We may suspend or terminate your account or stop providing you with all or any part of the Services at any time and for any reason, including – without limitation – if we have reason to believe that: (i) you have violated these Terms, our Company Rules and Policies, or Periscope Community Guidelines; (ii) you pose a risk or potential legal risk to us; (iii) your account should be removed due to illegal conduct; (iv) your account must be removed due to prolonged inactivity; or (v) provision of our Services to you is no longer commercially viable. We will make reasonable efforts to notify you via email at the address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all of the above cases, the term of the Terms, including, without limitation, your license to use the Services will terminate, with the exception of the following clauses, which will remain in force: II, III, V, and VI. If you think your account has been deleted in error, you can make a complaint by following the steps outlined in the help center. For the avoidance of doubt, these Terms survive deactivation or termination of your account.

5. Disclaimers and Limitations of Liability

The Services are available AS IS

If you live outside the European Union, the European Free Trade Association Countries or the United Kingdom, including if you live in Brazil, you agree that your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you AS IS and AS AVAILABLE. Our Company Entities refer to our Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors. Without limiting the foregoing, to the maximum extent permitted by applicable law, OUR COMPANY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Our Company Entities make no warranty or representation and disclaim any and all liability for: (i) the integrity, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any damage to your computer system, loss of data or other harm resulting from your access to or use of the Services or any Content; (iii) the deletion of or failure to store or transmit any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from our Company Entities or through the Services will create any warranty or representation not expressly made herein.

Limitation of Liability

If you live outside the European Union, the European Free Trade Association Countries or the United Kingdom, including if you live in Brazil, YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES , INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER OCCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY FROM ACCESSING OR USING THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED THROUGH THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OUR COMPANY ENTITIES EXCEED THE AMOUNT OF ONE CENT OF REAIS (R$ 0.01) OR THE AMOUNT PAID TO OUR COMPANY, IF ANY, IN THE LAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY CASE OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER OUR COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS HAS FAILED OF ITS ESSENTIAL PURPOSE.

6. General

We may revise these Terms from time to time. Modifications will not be retroactive, and the most up-to-date version of the Terms, which will always be available, will govern our relationship with you. Except in the case of changes to new functions or changes made to comply with legal requirements, you will be notified 30 days in advance of the term of any changes to these Terms that affect the rights or obligations of any party to these Terms, e.g. , through notification by the service or by an email sent to the email account associated with your account. By continuing to access or use the Services after the effective date of the revisions, you agree to be bound by the amended version of the Terms.

If you live outside the European Union, European Association Countries Free Trade or the United Kingdom, including if you live in Brazil, the laws of the State of São Paulo, excluding its statutory provisions, will govern any dispute that arises between you and our Company. All disputes relating to these terms or Services will be brought exclusively in the federal or state courts located in the State of São Paulo, Brazil and you consent to personal jurisdiction and waive any objection to an inconvenient forum.

If any provision of these Terms is considered invalid or unenforceable, that provision will be considered limited or excluded to the smallest extent possible so that the remaining part of the Terms remains valid and produces its effects. Our Company's failure to exercise any right or provision of these Terms will not be considered a waiver of any right or provision.

If you live outside the European Union, the European Free Trade Association Countries or the United Kingdom, including if you live in Brazil, these Terms are an agreement between you and our Company. If you have any questions about these Terms, please contact us.