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Service Terms

CLARINCLAYPIPES.COM TERMS OF USE

 Date of last review: June 2023

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING CLARINCLAYPIPES.COM. 

Welcome to the Clarin Clay Pipes website! You are reading these clarinclaypipes.com Terms of Use because you are using our website. You may access the website through a computer, cell phone, tablet, console or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your device.

These Terms create a legally binding contract between You ("You") and Clarin Clay Pipes, a legal entity constituted in accordance with the laws of the Federative Republic of Brazil, registered under CNPJ/MF number 51.133.129/0001-09, located in Rio Grande do Sul, at Rua João Andriollo, 4911 - Ana Rech - Caxias do Sul, RS.

Some important points:

  • As authorized by Clarin Clay Pipes, CLARINCLAYPIPES.COM is the exclusive licensee and distributor of Clarin products in Brazil and operates clarinclaypipes.com directly or through authorized third parties.

  • Our terms may change. Some jurisdictions do not allow unilateral updates or changes to consumer terms, so this paragraph may not apply to You. We may update these Terms from time to time. If a material change is made, we will post a notice on the Site or send you a notification. Please read any changes and, if You do not agree with them, stop using the Site. If You continue to use our Site after We notify You of changes, You will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

  • Terms of sale. By making any purchase from us, You also agree to theTerms of salethat applies in your country or region.

  • Privacy Policy. OurPrivacy Policydescribes the collection and use of personal information on the Site and applies to your use of the Site.

 

  1. BASIC RULES

Eligibility. The use of the Site is intended only for access and use by individuals with full capacity for acts of civil life, that is, people over 18 (eighteen) years of age. By accessing or using the Site, You guarantee and represent that You have full capacity for all acts of civil life, that is, being of legal age, and therefore having full capacity to understand, accept and comply with all the terms and conditions of these Terms. If You do not have or consider that You do not have full capacity for acts of civil life, access and use of the Site will be prohibited.

If access to the Site by a person under 18 (eighteen) years of age is detected by any means, CLARIN CLAY PIPES will immediately block their access, eliminating all records of personal data. If You are a parent or legal guardian and discover that your child has accessed the Site and provided us with any personal information, please contact us at clarin@clarinclaypipes.com

Rules for registration. When You register for a CLARIN CLAY PIPES member account on the Site, the following rules apply:

  • Be truthful: Provide accurate and current registration information.

  • Be you: Keep your personal record. Do not sign up for more than one CLARIN CLAY PIPES member account, register a CLARIN CLAY PIPES member account in someone else's name, or transfer your account.

  • Be secure: Keep your username, password and other login credentials secure and do not allow anyone to use your account.

  • Be responsible: Report to CLARIN CLAY PIPES immediately any unauthorized use of your CLARIN CLAY PIPES account. You are responsible for anything that occurs through your CLARIN CLAY PIPES member account - with or without your permission. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARIN CLAY PIPES IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY RESULTING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

  1. CONTENT OWNERSHIP

Except for User Content (defined below), all content on our Site - including text, software, scripts, code, designs, graphics, illustrations, photos, sounds, music and lyrics, videos, applications, interactive features, articles, news , sketches, animations, stickers, general artwork and other intellectual work content ("Content") - is the property of CLARIN CLAY PIPES or others to whom we license Content, and is protected by copyrights, trademarks, patents and other laws. CLARIN CLAY PIPES reserves all rights not expressly described in these Terms.

  • All trademarks, service marks and trade names, displayed on the Site or accessed and viewed by You as set forth herein (e.g., the CLARIN CLAY PIPES name and Clarin design) are owned, registered and/or licensed by CLARIN CLAY PIPES. You do not acquire a license or any ownership right to any trademarks, service marks or trade names through your access to or use of the Site or Content.

  • You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site.

  • To the extent CLARIN CLAY PIPES approves the download or use of copyrighted Content or copyrighted works, CLARIN CLAY PIPES grants You a limited, personal, non-transferable, non-sublicensable, revocable license to access and use such copyrights or copyrighted works solely for its intended purpose and solely for as long as CLARIN CLAY PIPES makes such Content generally available to the public. You do not acquire any ownership rights to the Content (including any trademarks or other intellectual property included in the Content), and all Content is intended for your personal, non-commercial use. CLARIN CLAY PIPES reserves the right to monitor your usage and change or revoke this license or your access to the Content at any time and for any reason. CLARIN CLAY PIPES reserves the right to remove any Content in violation of these terms or CLARIN CLAY PIPES' intellectual property rights. The fact that CLARIN CLAY PIPES permits you this limited use does not constitute a waiver of any of CLARIN CLAY PIPES' rights in the Content.

  • Outside of the specific use rights granted to You by CLARIN CLAY PIPES in connection with the Site, You agree not to use, copy, reproduce, edit, translate, display, distribute, publish, download, transmit, sell, create derivative works from, or in any way exploit any Content, including User Content (unless it is Your own User Content that You lawfully post on the Site), without the prior written consent of CLARIN CLAY PIPES. Unauthorized use of Content may be a violation of copyright, trademark, or other intellectual property laws and may subject you to criminal or civil charges and penalties.

 

  1. POSTING CONTENT ON THE SITE

User Content License. Some parts of the Site allow You to post photos, videos, comments and other content that we call "User Content". CLARIN CLAY PIPES is not responsible for User Content that others post on the Site. User Content is owned by you or whoever created it, but when You post User Content, You license it to CLARIN CLAY PIPES as described below:

  • You represent that You have the right to post Your User Content and grant CLARIN CLAY PIPES a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use any User Content You post in connection with the Site, including the image of any person appearing in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works , sublicense, distribute and assign these rights. CLARIN CLAY PIPES may, in its sole discretion, remove any User Content at any time. To the extent required by applicable laws, the rights granted herein will be valid for the entire duration of the intellectual property rights in question. You will execute any specific documents that CLARIN CLAY PIPES reasonably requires in the future to make this license effective.

  • You represent that your User Content does not violate the rights of any third party, including intellectual property and personality rights.

  • You understand that deleted User Content may remain on CLARIN CLAY PIPES systems and the Site to the extent that your User Content has been publicly posted or shared with others who have not deleted it, unless You or the relevant person requests deletion or blocking of personal data in accordance with applicable law.

LICENSE TO USE COMMENTS, OPINIONS AND IDEAS. You understand that any comments, feedback or ideas You send to us are provided on a non-confidential basis and You grant CLARIN CLAY PIPES a perpetual, worldwide license to use all comments, feedback and ideas that You may share with us without notice, compensation or recognition to You, for any purpose, including, without limitation, developing, manufacturing and marketing products and services, and creating, modifying or improving products and services.

  1. USER CODE OF CONDUCT

We are excited for you to contribute to the CLARIN CLAY PIPES community. Here are some basic rules:

  • Be original. Only post User Content on the Site if you have all necessary permissions and rights to make the User Content available, including from anyone appearing or referred to in your User Content.

  • Be safe.

    • Do not do anything that could expose CLARIN CLAY PIPES or its users to any type of harm, including anything that could interrupt, disable, tamper with, overburden or limit the functionality of the Site.

    • Do not post User Content that contains software viruses, program viruses or other computer code, and do not circumvent or modify any Site software or security technology.

    • Do not use any data mining, robots, web scraping, or other similar data collection methods.

    • Unless we indicate otherwise, our Site is a public place. Do not post personal information on the Site - whether yours or someone else's.

  • Be personal.

    • Do not post advertising, solicitation or commercial content on the Site or accept payment from third parties in exchange for carrying out commercial activities on the Site.

    • Do not collect or solicit personal information from other users of the Site or send unsolicited messages.

    • Do not use automated technology to interact with the Site.

  • Be appropriate. 

    • Please respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate, or that violates any applicable laws. CLARIN CLAY PIPES has the right to pre-edit, monitor or remove User Content – but we have no obligation to do so.

  • Be yourself.

  • Do not pretend to be any person or organization, including representatives or employees of CLARIN CLAY PIPES.

  • HAVE A GOOD TIME!

 

  1. COPYRIGHT INFRINGEMENT

Consult your legal advisor before filing a notice with us because there may be penalties for false claims. CLARIN CLAY PIPES may terminate the accounts of users of the Site who are found to be infringing the copyrights of third parties.

If You believe that Your work has been inappropriately copied on the Site in a way that constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf;

(2) a description of the copyrighted work that You claim has been infringed;

(3) a description of where on the Site the content that You claim is infringing is located;

(4) a written statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; It is

(5) a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright infringement complaints to:

Legal Department

Rua Werner Siemens, 111, building 1, 1st and 2nd floors, 05069-900, São Paulo/SP

Telephone:  (11) 4395-2323

atendimento@lojanike.com.br 

CLARIN CLAY PIPES will review your complaint, but has no obligation (except under court order) to remove User Content if it finds there is no evidence of infringement.

  1. PARTNERS ON THE WEBSITE

From time to time, CLARIN CLAY PIPES may link to or partner with third party websites, social media platforms, mobile applications and other products and services ("Third Parties"). You may be able to connect with these Third Parties through the Site, but this does not mean that CLARIN CLAY PIPES endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies . You should carefully review third-party websites and terms of use and privacy policies. CLARIN CLAY PIPES is not responsible for the content, policies or activities of Third Parties and You interact with Third Parties at Your own risk.

  1. IMPORTANT EXEMPTIONS

CONSUMPTION OF LEGAL DRUGS. The Site may include resources that promote activities related to the consumption of tobacco, alcoholic beverages or other legal drugs. They are for informational purposes only and are not intended as medical advice or services or for diagnostic or treatment purposes.

  • Consider the risks involved and consult your medical professional before engaging in any ACTIVITY RELATED TO THE CONSUMPTION OF LEGAL DRUG.

  • Never disregard professional medical advice or delay in seeking it because of something You have seen on the Site.

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARIN CLAY PIPES IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES YOU MAY INCUR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE FEATURES. AND PRODUCTS ON THE SITE.

USER INTERACTIONS. To the extent permitted by applicable law, we are not responsible for your interactions with other users of the Site or any harm or damages You may incur due to such interactions.

  • Please be responsible and take precautions when interacting with other users (including users You do not know) on the Site. Before meeting someone else in person, consider investigating, bringing a friend, choosing public locations, and letting someone know where you will be. CLARIN CLAY PIPES is under no obligation to become involved in any user dispute, but may do so at its sole discretion.

WARRANTY DISCLAIMER. Some jurisdictions do not allow certain limitations or exclusions of liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to You.

  • The Site, Content, and materials and products on this Site are provided "AS IS." We are not making any promises of any kind, including as to the accuracy, suitability, usefulness, reliability or otherwise of the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARIN CLAY PIPES IS NOT RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE SITE.

  • CLARIN CLAY PIPES does not warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site is free of viruses or anything else harmful.

  • To the fullest extent permitted by law, CLARIN CLAY PIPES disclaims all warranties, express or implied, regarding the Site, Content, User Content and any products or services You may obtain or access through the Site, including, without limitation others, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

  • You are solely responsible for any damage to your Device resulting from accessing the Site, to the extent applicable law does not provide otherwise.

  • We hope that You enjoy and get the full benefit of the Site; however, we do not guarantee any results.

 

  1. TERMINATION

CLARIN CLAY PIPES may terminate or modify any Site, membership program, product or service at any time without notice.

CLARIN CLAY PIPES may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Site at any time and for any reason, without any liability to CLARIN CLAY PIPES, subject to applicable law. You can also close your account.

  • You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or other public locations on the Site, may continue to appear publicly even after your account is terminated, subject to your right to have your Content of the User removed upon request in accordance with applicable law.

  • These Terms remain in effect even after Your account is closed or You stop using the Site.

 

  1. INDEMNIFICATION/LIMITATION OF LIABILITY

We want You to enjoy our Site, but CLARIN CLAY PIPES must also protect itself against any harm it may cause.

INDEMNIFICATION AND RELEASE. You agree to indemnify, defend and hold harmless CLARIN CLAY PIPES and its distributors, including but not limited to CLARIN CLAY PIPES, and their respective affiliates, officers, directors, employees and any collaborators, agents, licensors and suppliers (the "Indemnified Parties ") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, caused by or relating in any way to your User Content, your use of the Content, your use of Site, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby release and fully discharge the Indemnified Parties from any and all claims or causes of action you may have for damages relating in any way to the your use of the Site and its products related to the CLARIN CLAY PIPES brand.

LIMITATION OF LIABILITY. NONE OF THE INDEMNIFIED PARTIES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF DATA, RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE PERFORMANCE OF PRODUCTS PURCHASED THROUGH OF THE SITE, OR ANY USER CONTENT OR ANY OTHER ACTIVITY RELATED TO THE USE OF THE SITE, EVEN IF CLARIN CLAY PIPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST CLARIN CLAY PIPES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IF CLARIN CLAY PIPES IS FOUND RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED TO THE USE OF THE SITE OR ANY CONTENT, THE INDEMNIFIED PARTY'S LIABILITY SHALL NOT EXCEED R$600.00 (SIX HUNDRED REALS).

  1. DIGITAL MARKETS: You acknowledge that this agreement is between You and CLARIN CLAY PIPES only, and not with the digital marketplace where You downloaded or accessed the CLARIN CLAY PIPES Website (e.g., for iOS users, the App Store operated by Apple Inc. . or for Android users, the Google Play store operated by Google Inc.).

 

  1. ADDITIONAL DISPUTES/TERMS

Choice of law/jurisdiction

  • You agree that the Site, the Terms, the Privacy Policy and any dispute between You and CLARIN CLAY PIPES will be governed in all aspects by the law of Brazil, without regard to choice of law provisions, and not by the UN Convention on Contracts for International Sale of Goods 1980.

  • Any dispute arising from or related to the subjects of these Terms will be submitted for resolution to the Court of Justice of Porto Alegre, RS., Brazil, with express waiver of any other court, however special it may be, to resolve any conflicts or controversies arising from clauses and provisions of these Terms. 

  • Except where prohibited, You agree that all disputes, claims and legal proceedings, directly or indirectly, arising out of or relating to the Site (including, without limitation, the purchase of CLARIN CLAY PIPES products) will be resolved individually, without resort to any form of action collective, and exclusively in the state or federal courts located in Brazil.

 

Electronic communications

  • By using the Site, You consent to receive certain electronic communications from CLARIN CLAY PIPES, subject to applicable law and as specified in Privacy Policy.

  • You agree that any notice, agreement, disclosure or other communication that CLARIN CLAY PIPES sends electronically will satisfy any legal communication requirements, including that such communications be in writing.

Right to assign, without waivers, severity

  • CLARIN CLAY PIPES may assign its rights and duties under these Terms to any party at any time without notice, unless required by applicable law, but this will not affect your rights or our obligations under these Terms.

  • CLARIN CLAY PIPES' failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or CLARIN CLAY PIPES' rights. Users must always assume that these Terms apply.

  • If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms will remain enforceable.

Thanks for reading. Enjoy our website!

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