Terms of Use

Last Update: October 7th, 2021

Introduction

Evargas.Art ("we", "us", "our" or "website") respects the online visitors (“user” or “you”). This document describes the Terms of Use ("terms") you should accept when you visit our website or its related services, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site"). Please read this terms carefully. If you do not agree with the terms, please do not access the site. By using this website and agreeing to these terms, you consent to our website’s use of cookies.

License

Unless otherwise stated, Evargas.Art and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Evargas.Art’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the website’s express written consent.

Restricted access

Access to certain areas of this website may be restricted. Evargas.Art reserves the right to restrict access to areas of this website, or indeed this entire website, at Evargas.Art discretion.

If Evargas.Art provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Evargas.Art may disable your user ID and password in Evargas.Art’s sole discretion without notice or explanation.

User generated content

In these terms, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Evargas.Art a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Evargas.Art the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Evargas.Art or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Evargas.Art reserves the right to edit or remove any material submitted to this website, or stored on Evargas.Art’s servers, or hosted or published upon this website.

Notwithstanding Evargas.Art’s rights under these terms and conditions in relation to user content, Evargas.Art does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied.  Evargas.Art makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Evargas.Art does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Evargas.Art will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Evargas.Art's personal has been expressly advised of the potential loss.

Reasonableness and third parties

By using this website, you agree that the exclusions and limitations of liability set out in these terms are reasonable. If you do not think they are reasonable, you must not use this website.

You agree that you will not bring any claim personally against Evargas.Art’s personal in respect of any losses you may suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Evargas.Art’s personal, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of these terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms.

Indemnity

You hereby indemnify Evargas.Art and undertake to keep Evargas.Art indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Evargas.Art to a third party in settlement of a claim or dispute on the advice of Evargas.Art’s legal advisers) incurred or suffered by Evargas.Art arising out of any breach by you of any provision of these terms, or arising out of any claim that you have breached any provision of these terms and conditions.

Violation of these terms

Without prejudice to Evargas.Art’s other rights under these terms, if you violate these terms in any way, Evargas.Art may take such action as Evargas.Art deems appropriate to deal with the violation, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Updates, assignment and severability

These terms may be revised without notice. Revised terms will apply to the use of this website from the date of its publication on this website. You should check this page regularly to ensure you are familiar with the current version.

Evargas.Art may transfer, sub-contract or otherwise deal with Evargas.Art’s rights and/or obligations under these terms without notifying you or obtaining your consent. Under these terms you may not transfer, sub-contract or otherwise deal with your rights and/or obligations.

If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, all other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of it will continue in effect.

Agreement, law and jurisdiction

These terms, together with its related policies, constitute the agreement between you and Evargas.Art in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These terms will be governed by and construed in accordance with governing law and any disputes relating to these terms will be subject to the non-exclusive jurisdiction of the courts of Minas Gerais, Brazil.

Contact

If you have questions or comments about this document, please contact us via email at: terms[at]evargas.art