TERMS OF USE AND AGREEMENT OF RIGHTS AND RESPONSIBILITIES

Last Revised: January 1, 2016

Hello!
Thank you again for your interest in participating in our program.
This Agreement of Rights and Responsibilities (Agreement) is based on Arata Academy’s core values and determines our relationship with customers, users and others who interact with Arata Academy. By using or accessing Arata Academy and its products and services, you agree to the terms of this Agreement.

1. PRIVACY AND PERSONAL DETAILS

Your privacy is very important, as well as the quality of user experience. In order for the website to be operational, the collection of personal data is required. This is how we perform good administration and improve users experience on the website. Some of the data is automatically collected (such as IP number and statistics of your visit, click rate and email open rate, for instance) and some other is provided by you (sign up information as well as content posted on the website or private messages between users).
Website users provide their real names and actual information, and we need your help to make it continue that way. Here are some commitments you make to us regarding the sign up and the maintenance of your account security:
1.1 Providing correct personal details to the customer database is a necessary condition for the provision of the service, invoicing and other government related duties.
1.2 This data will never be sold or transferred to third parties, except in the case of legal requirement.
1.3 We may provide your information to companies that collaborate to make the website work. Therefore, your data can be sent to hosting services, backup services, transaction processing and statistics. In these cases, our partners are responsible for keeping your information confidential and consistent with this Agreement.
1.4 The information available on the website (including videos, photos, comments and forum discussions) are considered exclusive to members and its dissemination outside the members’ area without express written permission of each member involved is not allowed.
1.5 You will not provide any false personal information on the website, nor will you create an account for anyone other than yourself without permission.
1.6 If you disable your account, you shall not create another one without our permission.
1.7 You must not share your password (or in the case of developers, your secret key), as well as allow anyone to access your account or do anything that might compromise your account security.
1.8 You must not use the website if you are under the age of 18.
1.9 You must not use the website if you are a convicted sex offender.
1.10 You must keep your contact details accurate and updated.
1.11 You must not transfer your account to anyone without obtaining our permission first.
1.12 If you select a username for your account, we reserve the right to remove or reclaim it if we consider that’s appropriate (e.g. when a trademark owner complains about a username that has no connection with the user’s real name).
1.13 In the case of corporate changes, we may transfer your information to the new partners who will continue the services provided by the website.

2. CONTENT GENERATED BY USERS

You are the owner of all the content and information you publish in Arata Academy.
2.1 You grant us a worldwide non-exclusive, transferable, sub-licensable, royalty-free licence to use any content and intellectual property posted by you or linked to Arata Academy (IP Licensing). This IP Licensing shall end when you delete your intellectual property content or disable your account, unless your content has been shared with others and they have not deleted it.
2.2 When you delete an IP content, it is deleted in a way similar to emptying a computer recycle bin. However, you understand that removed content may remain in backup copies for a reasonable period (but will not be available to others).
2.3 We are always grateful for your feedback or suggestions of improvements to our website, but there will be no compensation for innovations implemented onto the website as a result of that communication, unless in the case of contract specifically signed for that purpose. Co-operation is a feature of Internet communication and the exchange of information do not constitute collective work, unless in case of contract specifically signed for that purpose.

3. SECURITY

We strive to keep the website safe, but we cannot guarantee its safety. We need your help to do that, which includes the following commitments:
3.1 You will not send or publish otherwise unauthorized commercial communications (such as spam) in the website.
3.2 You will not collect content or user information, nor will you access the website in another way, using automated means (such as collection bots, robots, spiders or scrapers) without our permission.
3.3 You will take part in “methods for making money online” or “make money fast without doing anything” or any scheme considered unfair, in our sole editorial discretion. Our editorial team is very diligent to maintain good quality of communications within the website and if you disturb other users or insist on promoting material considered by us as pyramid scheme or inappropriate, your banishment can be carried out without notice, unilaterally and without refund. This clause also applies to filtering members of the course, and their participation in the group may be cancelled or rejected at any time based on their involvement in activities considered inappropriate, at our sole editorial discretion.
3.4 You will not send viruses or other malicious code.
3.5 You will not ask for login information, nor will you access an account that belongs to someone else.
3.6 You will not bully, harass or disrespect any user.
3.7 You will not post inappropriate content, such as promotion of hatred or crime, threats or pornography; instigation of violence or drug use, or anything containing nudity or graphic or needless violence.
3.8 You will not use the website to practice any unlawful, misleading, malicious or discriminatory act.
3.9 You will not do anything that could disable, overburden or prevent the proper operation of the website.
3.10 You will not facilitate or encourage the violation of this Agreement.

4. PROTECTION OF OTHER PEOPLE’S RIGHTS

We respect other people’s rights, and we hope you do the same.
4.1 You must not post content or take any action on the website that infringes or violates the rights of others or the law. In addition to complying with legal rules, we also value and respect the rules of coexistence. We do not tolerate any insults, rude language, contempt, hatred, spam and comments whose primary purpose seems to be the dissemination of links (link building) or the disturbance of the quality of the dialogue.
4.2 We may remove any content or information posted by you on the website if we deem it a violation to this policy. The content will be removed immediately, flagged as spam (thereby permanently banishing the user from the website) or simply edited.
4.3 If we remove your content for infringing someone else’s copyright and you believe we have done so by mistake we will provide you with the opportunity to appeal.
4.4 If you repeatedly violate other people’s intellectual property rights, we will disable your account when we deem it appropriate.
4.5 You must not use our copyrights or trademarks, or any similar image that may cause confusion, without our written permission.
4.6 If you collect information from users, you will: obtain their consent, make it clear that you (rather than the website) are the one who is collecting the information and publish a privacy policy explaining what information will be collected and how it will be used.
4.7 You must not post anyone’s ID documents or sensitive financial information onto the website.

5. DEVICES

The versions of the website for mobile devices (such as smartphones and tablets, for instance) is currently in the final stages of development. While some tests have been successfully carried out, we do not guarantee the operation of the website on all mobile devices. By using the website on mobile devices, remember that your network service provider rates and standard taxes will apply.
Our satisfaction guarantee includes the cases in which, if there is no compatibility with your mobile device, we will provide a full refund of your payment, as long as you notify us within 30 days from your purchase.

6. PAYMENTS

6.1 When making a payment, you agree to the terms of this Agreement.
6.2 In case of dissatisfaction with the service provided, our money back guarantee enables the refund of the last payment made, which can be credited directly onto your credit card through the feature of payment system refund applicable.
6.3 With the payment, you acquire the right to use the website and its contents during the term of the Agreement and the relevant offer. After the termination of the Agreement (e.g. in the case of your banishment from the environment of students due to inappropriate behaviour, death of Arata Academy shareholders, bankruptcy of the company or natural disaster, such as earthquakes, nuclear disasters or force majeure), your password will no longer be valid. This right includes personal use only and is not transferable. The content may not be resold or transferred to third parties.
6.4 All payment processes are outsourced to independent companies. We do not have direct access to their financial data, except the name and email used on the purchase. The entire responsibility for the security of the transaction lies on the respective payment company. We are only teachers of the courses and do not engage in any aspect or responsibility related to payments. Should any support related to payments be required, you should contact the payment company directly, or your bank or credit card provider, for our work is limited to the production of classes and we have no access to support tools (e.g. sales or instalment payments approval) for your purchases.
6.5 In the services with monthly subscription, if there are changes to the credit card number, it is necessary that the new number is directly informed to the means of payment in order to continue your subscription. Please do not ever send your credit card details to us. If you do so, your message will be deleted for your own safety. If the means of payment carry out unsuccessful attempts, your account may be automatically suspended. There is no guarantee of the possibility of account restoration in these cases. If you want to restore your subscription in the future, the new price in force will apply (i.e. once started the discounted subscription, the special price is valid for the duration of the subscription. If the subscription is interrupted for any reason and there is the intention of reactivating the account, you must use the updated website button with the price offered to the general public at the time).
6.6 If you receive promotional codes or special links with discounts, its use must be carried out within the period of validity and the website administrator can remove these codes and links at any time.
6.7 In order to ensure the security and as our responsibility over the system, the administrators may contact you at any time to request information about your identity and validity of credit.
6.8 We may cancel any transaction at any time, especially in the case of transactions that supposedly violate this Agreement.
6.9 In order to maintain the user community active and enjoying internal confidence, we reserve the right to select our customers and refuse your payment at any time, or else we can carry out the refund of your payment already made if we find out that you have a criminal record, are involved in operations which resemble financial pyramids, illegal or immoral activities, constant complaints from other users about your misconduct in the members area or any reason at the website administrators discretion. The refund will be made through the payment platform and if there is refusal in the acceptance of the refund, the amount will be donated to a charitable non-profit institution at our sole discretion.
6.10 We may contact the administrator of your credit card, PayPal or any other private or public entity directly to request more information about your identity and credit.
6.11 If you have any suspicion that the transaction was carried out without your authorisation, you agree to notify us immediately by http://arata.se/contact
6.12 All payments made will be considered final after 30 days. There will be no refunds after 30 days of the payment approval. The money back guarantee is always related to the most recent payment made.
6.13 If you hire any service or agree to a contract with other users, the responsibility is entirely yours and of the person involved and we do not have any participation in such contracts. The decision to hire services or perform any transaction between members is made solely at the discretion of users, and our involvement is only in listing and bringing contacts together. No information disclosed by us shall be construed as a guarantee of recommendation of services or products, and is merely an editorial opinion that should always be interpreted in accordance to common sense and individual judgment.

7. AMENDMENTS

7.1 We may amend this Agreement at any time, since it is a standard contract. It is your responsibility to check the updated version of the Agreement.
7.2 Whenever a change is made, it will be effective from the date of its publication, but you may always send us your comments, so that we can discuss how to continue improving this Agreement.

8. TERMINATION

Should you breach the content or the essence of this Agreement, or generate risk or possible legal exposure for us, we may stop providing all or part of the website content for both you and those with whom we believe you are linked to. We will notify you by email or on next time you try to access your account. You may also delete your account at any time by sending us an email through http://arata.se/contact

9. COMMUNICATION

9.1 We may communicate with you by posting onto the website or by email, to the address provided by you. The notices published in the website or sent by mail will be considered received after 24 hours from the time of publication or sending. Any correspondence sent by mail to the address provided by you at registration will be considered received after three working days from dispatch.
9.2 Unless otherwise specified, your communications must be sent to us by http://arata.se/contact , which is the only official communication channel.

10. DISPUTES

10.1 Dutch law is applicable to any dispute relating to this Agreement. We hereby elect the Central Court of Amsterdam, with express waiver of any other, however privileged it may be, to settle any legal disputes related to this Agreement.
10.2 If someone files a complaint against us in relation to your actions, content or information on the website, you will indemnify us and hold us harmless from all responsibility and damages, losses and expenses of any kind (including applicable court costs) in relation to the complaint.
10.3 We try to keep the website updated, safe and error free, but you use it at your own risk. We provide the website as it is without express or implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the website will be safe and secure. The website does not take responsibility for actions, content, information or data from third parties, and you shall hold us harmless, as well as our directors, officers, employees and agents, from any claim or damage, known and unknown, arising from or related in any way to any complaint you may have against third parties. We do not take responsibility on your behalf for any loss of profit or other damages resulting from special, indirect or incidental, arising from or in relation to this statement or the website, even if advised of the possibility of such damages. Our total liability arising from this statement or the website shall not exceed the amount of one hundred Reais (R$ 100.00) or the amount paid by you during the use of the website. Applicable law may not allow the limitation or exemption of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you. In such cases, the responsibility of the website will be limited to the maximum extent permitted by law.

11. SPECIAL PROVISIONS

We devote all our efforts to creating a global community with consistent standards for everyone, while respecting local law.

12. MISCELLANY

12.1 In this Agreement, “we”, “us” and “our” refer to Arata Academy as appropriate.
12.2 This Agreement comprises the entire contract between the parties with respect to the website and takes precedence over prior agreements and communications, including private exchange of emails, Twitter or any other means of communication.
12.3 If any part of this Agreement is found unenforceable, the remainder shall remain in full legal force.
12.4 If we fail to enforce any part of this Agreement, this will not be regarded as rights of abdication.
12.5 Corrections or waivers of rights under this Agreement must be made in writing and signed by us.
12.6 You may not transfer your rights or obligations under this Agreement to any other person without our express written consent.
12.7 All our rights and obligations under this Agreement are freely assigned by us in connection with mergers, acquisitions, sales of goods, law enforcement or other factor.
12.8 Nothing in this Agreement will prevent us from complying with the law.
12.9 This Agreement does not grant rights that benefit third parties.
12.10 You must comply with all applicable laws when using or accessing the website.