MOOBLE SOFTWARE LTDA., legal entity of private law, entered in CNPJ under n.24.600.937/000166, headquarters in Rua Vereador Mario Pezzi, N. 564, Sala 302, in Município de Caxias do Sul, Estado do Rio Grande do Sul, phone +55 (54) 3027-2011, hereby represented pursuant to its charter, hereinafter referred as MOOBLE.COM,
The Mooble's implies the automatic acceptance of rules, principles and policies set forth in this Terms of Service. So, read it attentively and if doubts remain before using, seek to clarify them next to our Contact Channel.
MOOBLE.COM presents some important Definitions, to facilitate understanding of the rules regarding the use of Mooble.
Technology Update: increase in functionality and/or technology of Mooble, resulting or not in new versions, provided the sole discretion of MOOBLE.COM.
Contact Channel remote resource of relation between MOOBLE.COM and User for purposes of clarification of doubts concerning the use of Mooble.
Consumer: final destination of products or services, in the Term of the art. 2ºand sole paragraph of the Consumer Protection Code - Law 8.078, Sept. 11
Data: are User's general information entered in Mooble, such as: projects, proposals, drawings, photos, comments.
Partners:Companies whose products and/or services are offered in Mooble.
Advertising Spaces:Mooble environments available for advertising whether for reward or free.
Mooble: echnology platform with potential for product offer, services and advertising,costly and/or free,that enables the automation of technical drawings environments directly by Users. Mooble ein its different versions and features is exclusive property of MOOBLE.COM protected and regulated by Law 9.609/98.
ProjectsThe Projects copyright que resulting from use of Mooble re expressly granted to MOOBLE.COM, which may use them for any purpose, no cost or obligation in respect to the User who prepared the Project.
Support: Attendance to answer questions on the use of Mooble, through the Contact Chanel.
User: person or entity that uses the Mooble.
This Term makes up the rules of use of Mooble.
The use, regardless of time, of any services and functions Mooble imports in full compliance with the rules of this Terms of Service.
Mooble s a social network dedicated to interior design and decoration, providing tools for organizing, 3D design, items library and sharing.
The Mooble's use can be free or onerous, as the plan offered by MOOBLE.COM and hired by the User.
About the Project prepared by the User is granted a license for an indefinite period, nonexclusive, transferable, free of charge or return to MOOBLE.COM.
The User is responsible for respect the law in the use of Mooble and case MOOBLE.COM suffer any loss or encumbrances on the grounds of misuse, should be compensated in full.
Mooble enables storage of Designs and Data in the cloud,however, this does not imply liability of MOOBLE.COM in keeping them indefinitely, nor do back-up of these.
Mooble stores Data anbut the User can save them in other places and in other ways, diverse of Mooble, in this case, images and data will be static, ipreventing automated intervention and application of Mooble's functions and MOOBLE.COM does not guarantee that if such Data and Designs are transferred to Mooble that can be manipulated in face of version changes.
MOOBLE.COM, because the copyright belonging to it, has complete freedom of exploration and operation from Mooble, even take it off the air at any time, without notice.
MOOBLE.COM is the sole owner and holder of the copyright over Mooble protected and regulated by Law 9.609/98.
The infringement of the MOOBLE.COM's copyright implies compensation for damages under the law.
Among other unacceptable and illegal practices, is a violation of copyright of MOOBLE.COM use, modification, marketing or unauthorized integration of Mooble.
Products or services offered on Mooble are not the responsibility of MOOBLE.COM, which will only provide the platform for partners to establish a direct relationship with the User, without mediation or interference of MOOBLE.COM.
“Mooble” and “MOOBLE.COM” are registered trademarks of MOOBLE.COM properly secured by theINPI, according to Law 9.279/96.
It is prohibited the use of these marks, including the name, logo and signs, except with the express consent of MOOBLE.COM.
Are reserved to MOOBLE.COM all copyrights in the Mooble interface, design, programming, content,is expressly prohibited reproduction, communication, distribution and transformation of said protected elements, except with the express consent of MOOBLE.COM.
To update Mooble the User must be compliant in respect to the license value and services, maintain good quality connection to the internet, according to the guidelines of MOOBLE.COM and respect the Users limit as the contracted plan.
The good quality connection to the internet is fundamental to the proper functioning of Mooble, and allows its technology upgrade and other services.
Mooble do not admits usingoff-line.
The User is responsable by the entered data, transmitted and shared through Mooble, undertaking to reimburse MOOBLE.COM by the amount of damage that eventually had to endure as a result of these actions.
It is very important that the User observe the licensing rules from Mooble, as non-compliance can give rise, the sole discretion of MOOBLE.COM, the termination of the transaction with access lock and Data and Projects deletion and still, subject him to compensation for damages.
The data insertion on Mooble presupposes the due performance of the license and services by the User, in case has contracted costly plan.
MOOBLE.COM is not responsable by misuse of Mooble that infringes personality rights and/or copyright and the User must indemnify it for any losses incurred.
Mooble belongs exclusively to MOOBLE.COM, therefore the same is authorized to include their and their Trade Partners products and services in Mooble, run promotional programs andmarketing, add and delete applications, functions and tools, and widely explore Mooble within their skills.
MOOBLE.COM ensures the proper functioning of Mooble for the purposes for which it is intended.
Errors are natural and acceptable inSoftwares ,therefore do not give rise to the warranty.
The use of the guarantee assumes the compliance with the operating instructions of the
Within the technical validity period, MOOBLE.COM guarantees the operation of Mooble and/or services aimed at keeping it in proper operation.
O Mooble will be considered appropriatesince sufficient in use for the purpose for which it is intended, according to their technical specifications, in this context, Mooble is not intended to be an alternative tosoftwares CAD professionals.
Because it is a movable immaterial, subject to adaptations and technological advances, MOOBLE.COM do not ensures that Mooble will not present errors, but will do the possible to fix them if it occures.
The MOOBLE.COM responsibility is medium, rather than purpose or result of the use or User's expectation in respect to services offered.
MOOBLE.COM will offer Mooble, the plataform, so that the users interact, relate, publish, use or practice any other authorized acts, offered or available directly, without the intermediation of MOOBLE.COM.
MOOBLE.COM, considered the incident legislation, will not be responsible by the abusive or inappropriate use of Mooble, as well as the practice of offense, defamation, threats, harassment, counterfeiting or other forms of violation of rights by the Users, nor for loss of profits, data loss, lack of business continuity, related to the use or misuse of Mooble, even in cases where this is communicated.
Some specific provisions about the responsibility of MOOBLE.COM:
Back-Up – The User is responsible for the maintenance, preservation and back-up of his Data and Projects.
Fact of Third – MOOBLE.COM and User recognize that Mooble is safe, although, as well as in other virtual environments, is subject to threats and criminal violation, these are excluding causes of responsibility of the same. sendo estas causas excludentes da responsabilidade dos mesmos. Further, the technologies web are supported by media service, such as, internet and telecommunication network, not offered by MOOBLE.COM and that may impact on performance of Mooble, it is considered as a third party facts, excluding responsability.
Data Center - MOOBLE.COM mayhire infrastructure of Data Center along third parties and these services may present problems and impacts on Mooble's the functioning, these facts are recognized and accepted by the User.
Duty of Reciprocal Collaboration – MOOBLE.COM and User must provide reasonable assistance to each other, free of charge, to answer regulatory audits, inspections, surveys or authority requests about Mooble.
Information – The User must notify MOOBLE.COM of any received information abou Mooble's security, including confirmed or not confirmed information about adverse, serious or unexpected events associated with the use of the same.
Fortuitous Event or Force Majeure – MOOBLE.COM and the User will not respond for losses resulting from Fortuitous Event or Force Majeure in term of the Article 393 of the Civil Code.
Examples of Fortuitous Event or Force Majeure - among others, are examples of Fortuitous Event or Force Majeure exclusion from responsibility, the following events:
failure due to a fact or impediment beyond the reasonable control of MOOBLE.COM or User.
Facts that MOOBLE.COM and User could not reasonable had avoided or overcomed its effects, including intervention of hackers, crackers, third party Software , antivirus, firewall, proxy, among others;
war (decleared ot not), armed conflict or serious threat of these, hostile attack, blockade, military embargo, invasion, act of foreign enemy, civil war, rebelion, riot and revolution, comotion or disorder, violence of crowd or act of civil disobedience;
act of sabotage, terrorism or piracy, including virtual piracy;
act of authority, regulation, expropriation or compulsory acquisition;
nature facts, pests, epidemics, natural disasters such as storms, cyclone, typhoon, hurricane, lightning, tornado, violent storm,earthquake, volcanic activity; landslides, tsunami, seaquake, tsunami, flood, damage or destruction by drought;
explosion, fire, lightning, machine destruction, equipment, plants, and any type of installation, break-down of transport, telecommunications or electric current;
moral disturbance at work, such as, but not limited to boycott, strike, lock-out, occupation of factories and installations;
The User reconigze and allow that personal, commercial and/or registration data previously authorized are transmitted by this instrument and that these are used by MOOBLE.COM, Partners or companies which this is bound, to actions or promotions related to the Mooble's use, including commercial, preserved the fundamental rights of privacy, image and data protection, among other proprietary rights.
In case of merger, acquisition or sale of shares by MOOBLE.COM, the data, in its totality, may be transferred to the third party involved, in order to ensure continuity of Mooble's use.
It is good to know that the Users' data handled in a conscious, balanced way and within the law contribute to the growth and improvement of the Softwaresand services offered in the cloud concept, which requires maximum integration, acessibility and benefit. If you are part of the group of people using this type of Softwaresand services share your data with companies that have good practices and clear data use policies.
The term of Mooble use will be undetermined.
The use of Mooble may be extinct by the User anytime, by simple account cancellation in channel available directlyon the platform.
In account cancellation case all data, projects and User informations will be permanently deleted, without rescue possibility. Except those eventually shared by other Users, yet, without any MOOBLE.COM intermediation.
The inappropriate use of Mooble may give rise to the cancellation and/or automatic User's account lock by MOOBLE.COM, independently of notification or interpellation, anytime, may also, implies compensation for damages.
If the user wishes to cancel any Mooble subscription, the procedure can be done through the "Cancel" button in the signature option in his profile.
This Term of Use come into force in the date of its publication identified above and its term is indefinite.
The constant improvement of Mooble as well as legal and market changes may give rise to the modification of the rules in this Term of Use, in this case, there will be the revogation of this instrument, with immadiate replacement by updated version that will govern the relation between MOOBLE.COM and the User within 15 (fifteen) business days from the date of publication.
The replacement of this Term of Use by another one will be widely disseminated in the MOOBLE.COM's channels of communication with the User, yet, the responsability to stay informed is exclusively from the User, which should regulary visit Mooble. (www.mooble.com).
The new Term of Use accession will take place by the continuity in the use of Mooble.
MOOBLE.COM may accept the breach of these rules by the User without this means that waived their rights, that the provisions have changed or that can not apply them fully immediately or anytime.
If some rules of this Term of Use are not able to be applied, this fact will not afect all of the instrument that will remain valid and current.
MOOBLE.COM and the User recognize that this Term of Use provides proporcional conditions, with no vices or defects that can result in it's nullity, in particular related with malice, error, fraud, simulation or duress, not existing any fact that can be composed as state of danger or need.
The provisions of this Term of Use will prevail over any other understandings or previous agreements.
MOOBLE.COM and the User recognize the validity of the Data Messages in the comunications releated to the use of Mooble, with evidential and functional equivalence to the documents in paper form, since observed the effectiveness of the communication, it's integrity, authenticity and the security of the means by which they are transmitted.
The Term of Use's provisions violation will result to the violator the duty of indemnify by losses and damages, besides contractual penalty to be fixed by arbitration, depending on the case's circumstances.
This Agreement will be governed by Brazil's legislation.
Except the consumer rights, where prevails the jurisdiction of domicile in, any question or controversy arising under this Agreement will be settle in the forum of Caxias do Sul County – Rio Grande do Sul state , expressly waiving any other.