Terms and conditions

Terms and conditions of service

1.- Introduction

E-Masters Academy (we, us, the company) are the providers of the service described below for you on the website emasters.academy (the site) or on the application (app, application, mobile application) downloadable from playstore or app store depending on the device (includes new or already published applications).

These Terms and Conditions of Service govern your use of our service. As used in these Terms and Conditions of Service, the phrases “the service”, “our service” or “the E-Masters service” refer to the service provided by the company to access, view and learn from the content of the E-Masters Academy, including all features and functionalities, recommendations and reviews, the website and user interfaces, as well as all content and software associated with our service.

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE AS THEY DETERMINE HOW TO ACT ON THE SITE, AS WELL AS INDICATE THE FORMS OF PAYMENT AND FUNCTIONALITIES OF THE SITE.

IT IS THE RESPONSIBILITY OF THE USER TO READ THE TERMS AND CONDITIONS OF SERVICE.

2.- Modifications to the terms and conditions of service

We reserve the right to change, modify parts of these Terms and Conditions of Service when we deem it appropriate to make a change. Such changes, if made, will be posted on this page indicating the date of the last change made at the top of this page. In addition, our users will be notified by email that they have registered for access or by any other means that we may use to inform them. The changes must be published at least 10 calendar days before they take effect, except for those that have reference to new functions of the service or changes that have a legal background that will take effect immediately published.

If users continue to use the service after it has been published or after the corresponding days have passed, it is understood that the user has accepted the new Terms and Conditions of Service.

3.- E-Master Service

3.1.- Memberships and contracting of the service. To contract the service you must be 18 years old, or the majority of age in your province, territory or country. Minors can use the service with adult supervision. We are not responsible for minors who use erroneous or false information or any other person to hire and use the service.

3.2.- Account: It is possible that to access E-Masters, you must register and to be able to use certain functions of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as indicated on the Service registration form. Registration data and other information about you is governed by our Privacy Policy.

The service can be contracted with an annual membership for each Master, which gives access to all content that is published or published on the site for a period of 1 (one) year (365 days), which would allow the user to access during that time to see all the courses of the course. These individually contracted courses will be available for the user to access for one year, being the end of the E-Masters service, the expiration of the account, the death of the user or whichever occurs first which determines the end of use of that course, without prejudice to what is stipulated in Article 4.3 of these Terms and Conditions of Use.

3.3.- The E-Masters service and all the content provided in it are only for personal, non-commercial use, and should not be shared with other people who are not members.

While the contracted service is active, we grant you a limited, non-exclusive and non-transferable right to access the contracted E-Masters service for the purpose of viewing content through our streaming service. Beyond this, no other right, title or interest will be transferred to you. You agree that you will not use the service for public presentations.

3.4.- You are not allowed to use someone else’s account and you will not be able to provide someone else with the username, phone number and password to access your account. You are fully responsible for any and all activities that occur under your password or account. You agree to a) immediately notify E-Masters of any unauthorized use of your password or account or any other breach of security, and b) ensure that you exit your account at the end of each session by accessing the Service. E-Masters shall not be liable for any loss or damage arising from your failure to comply with this Section.

3.5.- You can see the content of E-Masters mainly in the country where you established your account, it is not the responsibility of the company the intermittency of the service to be outside the country where it was hired. The content that may be available to view may vary by geographic location and may change periodically.

3.6.- The number of devices on which you can simultaneously view content with 1 account will be only 1 (one).

3.7.- The video content of the courses is not available for download. It is possible to download the attached content of each course. That content and all content is copyrighted, so use for commercial purposes is not authorized.

3.8.- You agree to use the E-Masters service, including all the features and functionalities associated with it, in accordance with all the laws, rules and regulations in force, or any other restriction on the use of the service or its contents. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works based on the service, or offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained in or obtained from the E-Masters service. You also agree: not to avoid, remove, alter, disable, interfere with, or circumvent the content protections of the E-Masters service; not to use any robot, spider, scraper, or other automated means to access the E-Masters service; not to decompile, reverse engineer, disassemble, or otherwise disassemble the software or other product or process accessed through the E-Masters service; not to enter any code or product in any way or manipulate the content of the E-Masters service; or to use any method of analysis, extraction, or data collection. You further agree not to upload, post, email or otherwise transmit any material designed to interrupt, destroy or limit the functionality of computer software, hardware or telecommunications equipment associated with the E-Masters service, including material containing software viruses or any other code, files or programs. We may terminate or restrict your use of our service if you violate any of the Terms of Use or use the service illegally or fraudulently.

4 – Service Overview

4.1.- The image quality of E-Masters content may vary from device to device and may be affected by various factors, such as location, available bandwidth or internet connection speed. The availability of high definition (HD) content depends on your internet service and the device in use. The minimum connection speed for SD quality is 0.5 Mbps. However, we recommend a faster connection to improve video quality. A download speed of at least 5 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25 Mbps per stream is recommended to receive Full HD content (defined as a resolution of 1080p or higher). All internet access charges are at your expense. Ask your Internet Service Provider for information about possible data consumption charges for Internet usage.

4.2 The E-Masters software and platform is developed by E-Masters Ltda., and was designed to allow content to be viewed through mobile devices that support streaming video playback. This software may vary by device and media, and functionality and functions may also vary from device to device. You acknowledge that use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the software from E-Masters or related third parties.

4.3 E-Masters reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that E-Masters shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any portion of your account or submitted content for a period of time in excess of what may be required by applicable law.

4.4.-You acknowledge that E-Masters may establish general practices and limits regarding the use of the Service, including, but not limited to, the maximum period of time the Service retains data or other content and the maximum storage space will be allocated on E-Masters’ servers to your account. By contracting and approving these Terms and Conditions of Use, you agree that E-Masters has no responsibility or liability for the deletion or failure to store any information or other content or uploaded by the Service. You acknowledge that E-Masters reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that E-Masters reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4.5 Mobile Services: The service includes certain services that are available through a mobile device, including (i) the ability to upload content to the service through a mobile device, (ii) the ability to browse the service and site from a mobile device, and (iii) the ability to access certain functions through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service provider’s standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your provider, and not all Mobile Services may work with all operators or devices. By using the Mobile Services, you agree that we may communicate with you about E-Masters and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your use of the Mobile Services may be communicated to us. In the event that you modify or deactivate your mobile phone number, you agree to promptly update your E-Masters account information to ensure that your messages are not sent to the person acquiring your previous number.

4.6 For certain payment methods, you may choose to have your mobile postpaid account charged or deducted from your prepaid account balance. Each of these modalities will depend on the company that provides the service.

5 – Conditions of use:

5.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display. (hereinafter, “upload”) or send an email or otherwise use through the Service. E-Masters reserves the right to investigate and take appropriate legal action against any person who, in the sole judgment of the company, violates this provision, including, but not limited to, removing offensive content from the Service, suspending or terminating the account of such violators, and reporting to law enforcement authorities. You agree not to use the Service for: send by e-mail or upload any content that a) infringes any intellectual property or other proprietary rights of any party; b) does not have the right to upload under any law or under contractual or fiduciary relationships; c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications hardware or equipment; d) poses or creates a privacy or security risk to any person; e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; f) is unlawful, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another’s privacy, hateful on racial, ethnic or other objectionable grounds; or g) in the sole judgment of the Company, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or that may expose E-Masters or its users to any harm or liability of any kind; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirement, procedure, policy or regulation of networks connected to the Service; violate any applicable local, state, national or international law, or any regulation having the force of law; impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; solicit personal information from any person under the age of 18; collect or collect e-mail addresses or other contact information of other users of the Service by electronic or other means in order to send unsolicited e-mail or other unsolicited communications; advertise or offer to sell or buy any goods or services for any commercial purpose not specifically authorized; promote or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or obtain any material or information through any means not intentionally made available or provided through the Service.

5.2 Downloading, attempting to copy, reproducing illegally or for commercial purposes, infringing the copyright of the content, using E-Master material for illegal, pornographic, unlawful purposes or to promote any illegal activity.

5.3 Any content that is available on E-Masters or in its hidden back, is subject to copyright.

5.4.- You can enable or sign in to the Service through various online third party services, such as social networks and social networking services such as Facebook or Twitter. By logging in or directly integrating these social networking services into the service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register or log in to Social Networking Services on their respective provider’s websites. As part of such integration, Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and E-Masters’ use, storage and disclosure of information about you and your use of such services within E-Masters. However, please remember that the way Social Network Services use, store and disclose your information is governed solely by the policies of those third parties, and E-Masters is not responsible for the privacy practices or other actions of a third party site. or service that may be enabled within the Service.

In addition, E-Masters is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements available in connection with the Social Networking Services. As such, E-Masters is not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such Social Networking Services. E-Masters enables these features simply as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6 – Charges and Payments

6.1 The Service or portions thereof may be available to charge a fee, if so, you will be asked to select a payment plan and provide information to E-Masters regarding the means of payment, credit card, transfer or other payment instrument. You represent and warrant to E-Masters that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay E-Masters the amount specified in the payment plan in accordance with the terms of that plan and these Terms of Service. You hereby authorize E-Masters to bill the payment instrument selected by you in accordance with the terms of the applicable payment plan until you cancel or terminate your account, and you further agree to pay any charges you incur. If you dispute any charges, you must notify E-Masters within sixty (60) days of the date you are charged. We reserve the right to change E-Masters prices. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified amount. You will be responsible for all taxes associated with the Services.

6.2 Recurring Subscriptions: If you select a Service with an automatic renewal feature (“Recurring Subscription”), you authorize E-Masters to maintain your account information and automatically charge when you renew the Service you choose without requiring any further action by you. In the event that E-Masters is unable to debit your account as authorized when you signed up for a recurring Subscription, E-Masters may, at its sole discretion: a) bill you for your Service and suspend your access to the Service until payment is received, and/or b) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue debiting your account as authorized. You may cancel a recurring Subscription at any time in accordance with the company’s cancellation policy described herein.

6.3 Special notice for international use; the site is available for international use, but will be subject to the legal provisions of each country, in addition to charges, speeds and access restrictions that may exist, without being the responsibility of E-Masters.

6.4 Commercial Use: Unless expressly authorized herein or E-Masters in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for commercial purposes, any part of the Service, use of the Service or access to the Service.

7 – Pre-sales, offers, promotions and discounts

7.1 The pre-sales service will be available for a limited time, which will be delimited by E-Masters. At that time, all those who wish to purchase the service under the conditions displayed in that pre-sale, may do so. This does not mean that the course(s) will be available from the same date. E-Masters will communicate with those who have purchased the service during a pre-sale to inform them of the start of the service.

7.2 Offers. By accepting these Terms and Conditions of Use, you authorize E-Masters to send you offers, discounts, promotions, coupons or other marketing communication.

7.3 Coupons, discounts, offers and promotions are not cumulative unless it says so. In case of not saying it, it is understood that it cannot be accumulated with another coupon, discount, offer, promotion or pre-sale.

7.3 Any offer including pre-sales are for those who purchase a new course, E-Masters Prime, as a new user, gift, or user who acquires a new access. They are not retroactive, so those who have previously purchased a course or service, can not require the use, return or application of such coupon, pre-sale, offer or discount.

8 – Intellectual property

8.1 You acknowledge and agree that the Service may contain content or features that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by E-Masters, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any method of data mining, robots, or similar data collection or extraction. If E-Masters blocks your access to the Service (including blocking your IP address), you agree not to implement any measures to circumvent such block (for example, masking your IP address or using a proxy IP address). Any use of the Service or Service Content that is not specifically authorized herein is strictly prohibited. The technology and software underlying or distributed in connection with the Service are owned by E-Masters, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Software. All rights not expressly granted herein are reserved by E-Masters.

The E-Masters name and logos are trademarks and service marks of E-Masters. Other E-Master names and logos, products and services used and displayed through the Service may be trademarks or service marks of their respective owners that may or may not endorse or be affiliated with or connected to E-Masters. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark E-Masters displayed on the Service, without our prior written permission in each case. Any goodwill generated by the use of E-Masters Trademarks will be for our exclusive benefit.

8.2 With respect to content or other materials you upload through the service or share with other users or recipients you represent and warrant that you own all right, title and interest in such User Content, including, without limitation, all copyrights and advertising contained therein. By uploading any User Content, you grant and authorize E-Masters, its affiliated companies and partners a free, fully paid, transferable, sublicensable, perpetual and irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, use and fully exploit your User Content in any and all media, forms, media, technology or distribution methods now known or hereafter developed and for any and all commercial or non-commercial purposes.

You acknowledge and agree that any questions, comments, suggestions, ideas, comments or other information relevant to the Service provided by you to E-Masters, its affiliated companies or partners are not confidential and E-Masters, its affiliated companies and Partners shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You acknowledge and agree that E-Masters may retain content and may also disclose content if required to do so by law or if it believes in good faith that such preservation or disclosure is reasonably necessary: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of E-Masters, its users and the public. You understand that the processing and technical transmission of the Service, including its content, may involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices.

9 – Third Party Websites

9.1 The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. E-Masters has no control over such sites and resources, and E-Masters is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that E-Masters shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, event, product or service available on or through any site or resource. Any dealings you have with third parties during use of the Service are established between you and the third party, and you agree that E-Masters is not responsible for any loss or claim you may have against such third party.

10 – Disclaimer of Warranties

10.1 THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, E-MASTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

E-MASTERS DOES NOT WARRANT THAT A) THE SERVICE WILL MEET YOUR REQUIREMENTS, B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR D) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

11 – Limitation of Liability

11.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-MASTERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: A) THE USE OR INABILITY TO USE THE SERVICE; B) THE COST OF ACQUIRING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS MADE THROUGH OR FROM THE SERVICE; C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE TOTAL LIABILITY OF E-MASTERS TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT E-MASTERS HAS PAID IN THE LAST (6) MONTHS.