Terms of Service
The following terms and conditions govern all use of the Enfarinhado website (which includes the domains enfarinhado.com and enfarinhado.com.br) and all its content, services, and products available at or through our website (referred to as Our Services). Our Services are offered subject to your acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Enfarinhado's Privacy Policy) and procedures that may be published from time to time by Enfarinhado (collectively, the "Agreement"). You agree that we may automatically update our Services, and these terms will apply to any updates.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our services. If these terms and conditions are offered by Enfarinhado, acceptance is expressly limited to these terms.
Basic Terms
- Our Services are not directed to children or adolescents under 16 years of age, and access to and use of our Services is only offered to users 16 years of age or older. If you are under 16 years of age, please do not register to use our Services and do not use any of our Services. Anyone who registers as a user or who provides personal information to our Service, or who accesses the areas and features of the Service that do not require registration, affirms that they are 16 years of age or older.
- The use of some of our Services (for example: creating recipes, rating recipes, favoriting recipes, and others) requires an Enfarinhado account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible for any activity that occurs under your username. You are responsible for keeping your password secure.
- You may not post photos, texts, or other content with violence, nudity, partial nudity, pornography, discrimination, illegal or sexually suggestive content through our Services.
- Respect users and entities on our Services. You must not defame, intimidate, harass, stalk, threaten, abuse, impersonate or intimidate people or entities, and you must not post private or confidential information through our Services, including, without limitation, your own or any person's credit card information, non-public phone numbers or non-public email addresses.
- You are solely responsible for your conduct and any data, texts, files, information, username, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively "Content") that you submit, post or display through our Services.
- You must not attempt to restrict another user from using or enjoying our Services, and you must not encourage or facilitate violations of these Terms of Service or any other Enfarinhado terms.
Responsibility of Visitors and Content Posted on our Services
Enfarinhado has not reviewed, and cannot review, all of the material (including but not limited to computer software, photos, images, videos, texts, and others) posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Enfarinhado does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Enfarinhado disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
By submitting your recipes to Enfarinhado, you can submit them as public or private. By submitting a recipe to us as public, or modifying a recipe to become public, even if it is later changed to become private, you automatically grant Enfarinhado a free, exclusive, non-revocable, worldwide and perpetual license over all submitted content, and authorize us to freely disclose, transmit, assign, license, broadcast, display, edit, reformulate, readapt and commercialize, for any purpose and for any purpose, such content, with any third parties and in any media and supports, now or in the future existing. This license also allows us to modify the recipe and use it to promote sites, services or products of any nature. In addition, by submitting your recipes as public, you grant us an authorization to use your username, which allows us (but does not oblige us to) display it and associate it with the content submitted by you.
By submitting your recipes to Enfarinhado as private, as long as it is not changed at any time to public, you retain the license and rights over the submitted private content. However, you grant us authorization to use, share and display the images that are submitted by you, even if submitted with a private recipe.
By sending recipes or content of any kind to Enfarinhado, the user expressly declares, from now on, to be the sole and exclusive responsible for such content and to own all the rights inherent or related to them (including, without limitation, copyrights, related rights, rights of use of image, name and biographical data), being able to grant and license them freely to Enfarinhado, without there being any violation of third party rights in such grant and in all possible use subsequently conducted by Enfarinhado.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material (including but not limited to computer software, photos, images, texts, and others) made available through the websites and webpages to which enfarinhado.com and enfarinhado.com.br link, and that link to enfarinhado.com and enfarinhado.com.br. Enfarinhado does not have any control over those non-Enfarinhado websites, and is not responsible for their contents or their use. By linking to a non-Enfarinhado website, Enfarinhado does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Enfarinhado disclaims any responsibility for any harm resulting from your use of non-Enfarinhado websites and webpages.
Copyright Infringement
Just as Enfarinhado asks others to respect its intellectual property rights, Enfarinhado respects the intellectual property rights of others. If you believe that any material located on or linked to by Enfarinhado violates your copyright, you are encouraged to notify Enfarinhado via email at "enfarinhado@enfarinhado.com". Enfarinhado will respond to all such notices, including, where necessary or appropriate, by removing the infringing material or disabling all known links to the infringing material. Enfarinhado will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Enfarinhado or others. In the event of such termination, Enfarinhado will have no obligation to refund any amounts previously paid to Enfarinhado.
Intellectual Property
This Agreement does not transfer from Enfarinhado to you any Enfarinhado or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Enfarinhado. Enfarinhado, enfarinhado.com, enfarinhado.com.br, the Enfarinhado logo, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Enfarinhado or Enfarinhado's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Enfarinhado or third-party trademarks.
Changes
We are constantly updating our Services, and this means that sometimes we have to change the legal terms under which our Services are offered. If we make significant changes, we will inform registered users by sending an email to the registration email, or other communication, before the changes take effect. The notification will designate a reasonable period of time after which the new terms will take effect. If you do not agree with our changes, then you must stop using our Services within the period designated by the notification. Your continued use of our Services will be subject to the new terms. However, any dispute that arises before the changes will be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute arose.
Termination
Enfarinhado may reclaim usernames and terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services and terminate your Enfarinhado account (if you have one). All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can leave Enfarinhado at any time. If you have an account on our Services, you can choose to delete your profile in the user account settings. Once the deletion of your profile is confirmed, all data that can identify you will be deleted from our databases. The recipes and content created and sent by you may be kept, without any change in the rights and licenses attached to them.
Disclaimer of Warranties
Our Services are provided "as is". Enfarinhado and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Enfarinhado nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Enfarinhado, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Enfarinhado under this agreement during the twelve (12) month period prior to the cause of action. Enfarinhado shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with the Enfarinhado Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Brazil or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Enfarinhado, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our services, including but not limited to your violation of this Agreement.
Translation
These Terms of Service were originally written in Portuguese (Brazil). We may translate these terms into other languages. In the event of a conflict between the translated version of these Terms of Service and the Portuguese version, the Portuguese version will prevail.
Miscellaneous
This Agreement constitutes the entire agreement between Enfarinhado and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Enfarinhado, or by the posting by Enfarinhado of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Brazil, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the municipality of Porto Alegre, Rio Grande do Sul, in Brazil. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Enfarinhado may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.