BTBUCKETS MANAGER SOFTWARE LICENSE OF USE, WITHOUT EXCLUSIVITY, AND OTHER COVENANTS
The following are the terms and conditions for use of the software BTBUCKETS MANAGER, described in this Instrument between BTBUCKETS and you (holder of the Website on the Internet) / BY CLICKING "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS ESTABLISHED HEREIN. We offer you the License, subject to your acceptance without modification of the terms, conditions, and notices contained herein.
The purpose of this Instrument is the license of use of the Software, held by BTBUCKETS, offered on the Internet to the owner of the website on the Internet, registered during the registration process.
The Software BTBUCKETS MANAGER is a system capable of capturing information, previously defined by the owner of the Website to group Internet users that browse websites where the TAG is installed according to rules pre-defined by the owner of the Website.
The system does not make any type of segmented targeting directly. The system is responsible only for capturing information through the TAG, generating the segmentation base and integration with a third-party targeting system, which is held and/or licensed by third parties to the owner of the Website.
Based on the rules defined by the owner of the Website, the system groups persons with similar browsing characteristics, making the information available for other systems to target the exhibition of contents, with items that are could be of interest to this group.
The browsing information of the users, as well as other information captured by the software BTBUCKETS MANAGER and/or registered in the Software are exclusive to BTBUCKETS.
By registering on the website www.btbuckets.com, you will be automatically acquiring the license for use of the Software BTBUCKETS MANAGER, in the terms discriminated below, being aware and in agreement with all the terms established below.
1 PRELIMINARY INFORMATION
1.1 Licensee shall identify itself through an Account.
1.2 Licensee is aware that all clients' data are those in connection with the characteristics and activities of the visitors of your website, which are collected by using the TAG and are then forwarded to the Servers and analyzed by the BTBUCKETS MANAGER Software.
1.3 TAG is a Tracking Code of BTBUCKETS, installed on your page on the Web, to collect data from users. This data is stored on the servers of BTBUCKETS.
1.4 By using the settings, one establishes the standards according to which users will be classified.
1.5 Licensee shall complete the registration process, by supplying BTBUCKETS with up-to-date, complete and correct information, requested in the registration form, including his e-mail address (username) and password. Licensee will protect his password and assume full liability for the use of his accounts, whether by him or third parties. Licensee is solely liable for all and any activities that occur in his account. Licensee agrees to notify BTBUCKETS immediately upon becoming aware of any unauthorized use of his account or any other violation of safety.
1.6 Licensee is authorized to use the Software BTBUCKETS MANAGER, for free, for up to 5 (five) million monthly requests to the system. Each call of the TAG to the servers of BTBUCKETS will be considered a request. Thus, Licensee is aware and agrees that Licensor may, at its sole discretion, charge for the surplus of requests used above the limit of 5 (five) million requests or disable Licensee's account.
1.7 This instrument may be altered or modified at any time. Thus, Licensor is liable to access the http://btbuckets.com/site/license_agreement address on the web to verify the updated version of the Instrument.
2.1 Licensor grants this License for free to Licensee, for an indefinite period and non-exclusively.
2.2 Licensor declares that the request of the patent of the Software is in the process of operating registration at USPTO (United States Patent and Trademark Office) in the USA. However, considering that the patent has not been granted yet, Licensor does not assume any liability for any plea of third parties in connection with the use of the Software by the Licensee.
2.3. Licensor, owner of the Software, to date, has not committed any violation against intellectual property law or third parties. It has not received news of violation by a third party contesting the Software license, nor was any action filed against the same. However, Licensor does not guarantee that the use of the Software BTBUCKETS MANAGER does not violate any third party rights. Licensee declares to be aware and agrees with the provisions, being fully liable for use of the Software BTBUCKETS MANAGER, as well as for any lawsuit or extrajudicial action arising out of said use by Licensee.
2.4 This Instrument does not create any legal relationship, of any nature, of Licensor with the Affiliate sites and/or third parties linked to Licensee. In any event, Licensee shall answer exclusively, and Licensor never, to the same, in the event of any claim in relation to the Software or its Functions.
2.5 Licensor hereby grants to Licensee (owner of the Website on the Internet) a revocable, non-exclusive license, not subject to sublicensing, to install, copy, use the Software BTBUCKETS MANAGER up to the limit necessary for use of the service to one or more Web pages, which Licensee holds or controls.
2.6 After its installation on the Website, the Software BTBUCKETS MANAGER, will automatically collect the information supplied by users.
3 TERM AND TERMINATION
3.1 This license is granted for an indefinite period, and may be revoked at any time by Licensor. In case of termination of this license, Licensee shall cease immediately the use of the Software.
4.1 Licensee declares that it will not challenge Licensor's ownership of the Software, nor register it, recognizing that Licensor is the sole and exclusive holder of all the Software rights, as well as of eventual changes, additions and/or updates.
4.2 Licensee hereby declares to recognize fully and agrees to respect the rights of Licensor in connection with the Software, being aware that the concession of this license does not transfer to Licensee or third parties the ownership of same, at any title or pretext. It is only entitled to restricted use, in the conditions of this Instrument.
4.3 Licensee agrees to take all the steps necessary to protect the Software from any appropriation or undue use, whether by its employees, contractors or third parties.
4.4 Licensee may not assign, sell, lease or give in guarantee, donate, dispose of or in any way transfer the rights, fully or partially, in any modes, of the Software, as well as its manuals or any information related to the same, without having them previously approved by Licensor.
4.5 Licensee may not modify the characteristics of the Software, expand, adapt them or in any way alter them, without previous approval by Licensor.
4.6 Licensee agrees to maintain the Licensor safe and clear from any claims, indemnity claims, complaints, legal or administrative procedures or actions of any kind, including those proposed by consumers or any third parties, in connection with the use of the Software or to its sublicensing to third parties.
4.7 The Instrument expresses completely the free and spontaneous understanding of those involved, all and any previous understanding being cancelled and no additional alteration of the Instrument will be valid, except when made in writing and signed by both parties involved, through their legal representatives and approved by the competent governmental authorities.
4.8 Eventual omission or tolerance by any of those involved in relation to the conditions of this Instrument will only be valid individually and will not be understood as waiver of the rights resulting from it nor will represent revocation, alteration or novation of the obligations assumed herein, nor shall release the other Party from full compliance with its obligations as contemplated herein.
5 USE OF THE SOFTWARE AND LIABILITIES
5.1 Licensor will not be liable in any way in connection with the use or interaction with the Software. It is Licensee's sole responsibility to use or interact with it.
5.2 Licensor is released from any liability in relation to failure, suspension or defect in the Software.
5.3 Licensor does not assume any liability for the content inserted in the portal of Licensee and in the affiliated sites; nor for the truthfulness, accuracy or correction of the information inserted in Licensee's portals and in the affiliated sites.
5.4 Licensee will not use the Software to track or collect personal identifiable information (PII) from Internet users, and will not associate (nor permit third parties to associate) any data collected from its Web pages (or the Web pages of third parties) with any personally identifiable information (PII) from any source as part of its use of the Service (or of the use of these third parties).
5.5 Licensee is aware and agrees that all and any information obtained through use of the Software and/or configured in the Software will be held by Licensor, it being established that the latter may use it as most convenient to it, except for cases where a third party expressly requests its use through the OPT-OUT process in the website of Licensor.
5.7 Licensee is aware and agrees that tracking or collecting any information related to: a)Children under 13 without parental consent; b) Sensitive consumer information without Opt-in consent; c)Retrospective Non-PII merged with PII without Opt-in consent; d)Prospective Non-PII merged with PII without Opt-in consent; e)Non-PII without clear and conspicious; is prohibited. Thus, Licensee is aware and agrees that Licensor may , at its sole discretion, remove Licensee's account immediately upon becoming aware of any of these uses.
5.8 Licensee is aware and agrees that BTBuckets' Facebook Connect integration (e.g. OpenGraph API usage) is subject to: (i) Facebook's Statement of Rights and Responsabilities; (ii) Facebook's Principles; (iii) Facebook's Policies. Thus, Licensee agrees to operate Licensor's Software in accordance with these Guidelines. BTBuckets' Facebook Connect integration should NEVER be used to target banner ads or any kind of advertisement. Licensor will not be liable in any way in connection with the misuse or interaction with the BTBuckets' Facebook Connect integration. It is Licensee's sole responsibility to use or interact with it.
6 APPLICABLE LAW
6.1 Where applicable, the provisions contained in Law 9.609/98 (Software Law), in Law 9.610/98 (Copyrights Law) apply, in addition to all the applicable legislation in force.
LAST UPDATE: 2010-06-17