Welcome to Cademí!
Cademí is a members-area platform owned by CADEMI SOLUCOES DIGITAIS LTDA, a private legal entity registered with the CNPJ/MP under No. 42.866.607/0001-07, which is responsible for its operation. The platform allows Users to consume and share information in a variety of formats, such as text, audio or video. Users may interact with pre-selected content or with other content they acquire while using the platform.
1. User registration
To access, use or register an account on Cademí, you must be a natural person at least 13 years of age.
Persons between 13 and 18 years of age must be authorized by their parents or legal guardians to use the platform, and completing registration and accepting these Terms presupposes that such authorization has been duly granted. Cademí will cancel the accounts of underage users at the request of their parents or legal guardians, but this will not give rise to any right to compensation or refund for any products or subscription services purchased by the user while their account was active. By accepting these terms, you declare that you agree to this clause and acknowledge that, if any violation is found, your account will be cancelled immediately, without prejudice to any other measures provided for in these Terms or in Cademí's Policies.
The User agrees to:
- Provide true, accurate, current and complete information when registering on the platform.
- Maintain and update their information so as to keep it true, accurate, current and complete;
- Be held responsible for any false, incorrect, outdated or incomplete information they provide. If Cademí has sufficient grounds to suspect the truthfulness, accuracy and/or lawfulness of such information, it shall have the right to suspend or cancel the user's access to the app immediately and without notice.
Cademí undertakes to use the registration information provided by the user solely in the manner and within the limits set out in the Privacy Policy.
Users may not assign, sell, rent or otherwise transfer their account. Users are also not permitted to maintain more than one profile, and users whose original accounts have been cancelled for violations of the Terms of Use may not create new profiles.
The user shall be liable for all acts performed through the platform, including acts performed by third parties on their behalf.
2. Responsibilities
The Cademí user agrees to:
(I) Use the app only for permitted purposes, and further undertakes not to violate any laws, regulations or customs accepted in Brazil.
(II) Use the app with good judgment, exercising care in the comments they make and the videos they post;
(III) NOT infringe the rights of third parties, especially rights of image, voice, honor, privacy, copyright and personality rights;
(IV) NOT publish threatening, false or fraudulent content, nor use vulgar language, insults, hate speech, or racist, discriminatory or homophobic language, or language that may spread intolerance or religious fanaticism;
(V) NOT publish videos containing nudity or sexual acts, or containing any kind of violence;
(VI) NOT publish or disseminate content that is unlawful, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or that instigates or encourages unlawful or inappropriate conduct, including incitement to commit crimes, whether violent or not;
(VII) NOT breach or attempt to breach any of Cademí's security measures, or exploit any system inconsistency to obtain an advantage for themselves or to cause harm to Cademí and/or third parties;
(VIII) NOT treat any member of the Cademí team in a disrespectful, prejudiced or rude manner, or in a manner that constitutes moral or sexual harassment.
Any user who commits any of the acts described above may be subject to a warning, suspension or cancellation of their Cademí account, without prejudice to any appropriate legal action.
Cademí, users or any injured third parties may take appropriate legal action in respect of any crimes or misdemeanors committed, or seek compensation for civil damages arising from breach of the Terms of Use, and no such action shall give rise to any right to compensation from Cademí to the user against whom the action is brought.
3. Subscription Services and Content Sales
Cademí's clients may make exclusive content available to their users in their respective members areas upon a one-time or recurring payment.
Users should be aware that, when purchasing any product or service to which they were redirected through the Cademí platform, they must agree to and comply with all the rules and conditions established by that third party.
Cademí has no responsibility whatsoever for data provided to, or charges made by, third parties to the end users of its clients.
4. Cademí is not responsible:
(I) for any damage to any user or third party caused by the use of the platform, whether proper or improper, including but not limited to moral damages caused by harm to honor, privacy, or image and voice;
(II) for the truthfulness of comments or video information posted on the platform by users;
(III) for any damage, harm or loss to the user's equipment caused by system, server or internet failures resulting from the conduct of third parties;
(IV) for damage resulting from malware attacks and/or any type of harmful or malicious code, program or software affecting the user's equipment as a result of accessing, using or browsing Cademí, or as a consequence of the transfer of data, files, images, text or audio;
(V) for damage sustained as a result of losses arising from technical difficulties or failures in our systems, including in their protection, security, uninterrupted operation, delays and imperfections, as well as internet problems;
(VI) for errors in the dissemination of content using the tools contained in and/or related to Cademí that may hinder access to and/or subscription to a given piece of content;
(VII) Content posted on Cademí will only remain available for dissemination if it complies with these Terms of Use. Cademí reserves the right to remove any CONTENT that does not comply with its rules and policies;
(VIII) The services and features made available through Cademí are provided "as is", without any express or implied warranties, including, among others, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and protection against computer viruses or other harmful code;
(IX) We do not guarantee that the information we provide is accurate, complete or useful;
(X) We are not responsible for controlling how or when our users use our services or the features, services and interfaces provided by those services;
(XI) We are not responsible for, and have no obligation to control, the actions or information (including content) of our users or of third parties that are disseminated and/or made available on Cademí. Accordingly, you, the user, release Cademí, its subsidiaries and affiliates, and their board members, officers, employees, partners and representatives from any claims, demands, causes of action, disputes or conflicts and from any liability for damages, whether known or unknown, relating to the use of Cademí and/or to any content that may exist in the app.
Cademí reserves the right, at its discretion but without being obliged to do so, to remove any content it deems inappropriate, without the need to notify the user, it being hereby expressly noted that Cademí does not exercise editorial control over content posted by users of the app and is not responsible for such content in any respect;
Cademí is not responsible for the uninterrupted availability of the platform, and the user acknowledges that, due to operational issues, the platform is subject to occasional interruptions, technical failures and temporary unavailability, and that such operational issues shall not at any time give rise to any right to compensation, as they constitute an event of force majeure that excludes liability.
In the event of a request for information about users, Cademí undertakes solely and exclusively to provide the information it holds that was voluntarily provided by the user. Our Privacy Policy and Cookie Policy address all matters in this regard.
5. Copyright, Intellectual Property and Image and Voice Rights
The commercial use of the term Cademí as a trademark, business name or domain name, as well as the use of the illustrations, the layout and all the content of the Cademí screens, and of the programs, databases, networks and files that enable users to use the tool, are reserved for the exclusive use of Cademí and its administrators and are protected by the laws and international treaties on copyright, trademarks, patents, utility models and industrial designs.
By posting any comment or uploading a video to the Cademí platform, the user declares that they are the author of the material or have the author's express authorization to publish such material on the app, respecting all intellectual property rights and the rights arising from the protection of registered trademarks, as well as all rights of third parties that may be, or may have been, in any way available on the portal. Mere access to the app does not grant the user any right to use the names, titles, words, phrases, trademarks, patents, literary, artistic or literary-musical works, images, among others, that are, or have been, available on it.
Reproduction of the content described above is prohibited without the prior written authorization of Cademí.
Cademí respects the intellectual property rights of others and strives to help everyone protect their rights. If Cademí is notified of an intellectual property infringement, it may, but is not obliged to, remove the infringing content.
Cademí further reserves the right to block the access of any user who infringes the intellectual property rights of third parties or violates other rights of third parties guaranteed by Brazilian law and international treaties.
6. Violations of personality rights: slander, insult or defamation
If anyone believes that a user's comment or video published on Cademí violates their personality rights, such as honor, image, voice, name or privacy, they may submit a complaint to Cademí through the communication channels available at https://cademi.com.br
Cademí may, but is not obliged to, remove the reported content, informing the Notifying Party and notifying the user of the measure, in accordance with applicable law.
7. Platform Disclaimer of Liability
Where one or more users or any third party initiates any type of dispute, complaint or legal action against one or more other users, all users involved in such disputes, complaints or actions release Cademí and its directors, managers, employees, agents, workers, representatives and attorneys from all liability, including with respect to the costs and fees incurred by the users in pursuing such disputes, complaints or actions.
Furthermore, Cademí and its associated parties shall not be liable for lost profits, actual damages, punitive damages, or special or indirect damages arising out of or relating to our terms, to us or to our services, even if we have been advised of the possibility of such damages. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages; therefore, some or all of the exclusions and limitations set forth above may not apply to users. Notwithstanding anything to the contrary in our terms, in such cases Cademí's liability shall be limited to the maximum extent permitted by applicable law.
8. Redirection
Users acknowledge that the Cademí platform may contain links to other websites, which does not mean that such websites are owned or operated by Cademí.
Cademí is not responsible for the materials, information or content published on third-party websites, nor for the availability of such websites, and it is the user's responsibility to exercise their own judgment, caution and common sense when accessing third-party websites, and to review the applicable privacy policies and terms of use.
9. Changes to the Terms of Use
Cademí reserves the right to amend the Terms of Use at any time without prior notice, and mere use of the app after any amendment constitutes acceptance of such amendment.
10. Changes to the platform and termination
Cademí reserves the right to make changes to the characteristics or features of the platform, and to suspend or discontinue it at any time, at its sole discretion, undertaking, in the event of discontinuation, to inform users at least 10 days in advance by means of a notice on the platform's home page.
11. Governing Law
These terms of use were created on December 11, 2020 and are governed solely and exclusively by the laws of Brazil and by international treaties, and any legal action arising from their interpretation or application shall be adjudicated by the Brazilian courts.
In the event of a conflict between state or municipal laws, the laws of the State of São Paulo shall always prevail for the interpretation of any question or dispute.
The courts of the city of Santos are hereby elected as the venue for resolving any disputes, to the exclusion of any other, however privileged it may be. These Terms of Use set forth the "General Conditions" applicable to the use of Cademí, the administration and exclusive rights of use of which in Brazil belong to CADEMI SOLUCOES DIGITAIS LTDA., registered with the CNPJ under No. 42.866.607/0001-07.