Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Habemus, acceptance is expressly limited to these terms. Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires an Habemus account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
If you delete Content, Habemus will use reasonable efforts to remove it from Habemus.io and Habemus.website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Habemus has the right (though not the obligation) to, in Habemus’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in Habemus’s reasonable opinion, violates any Habemus policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Habemus.io and Habemus.website to any individual or entity for any reason. Habemus will have no obligation to provide a refund of any amounts previously paid.
Habemus has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Habemus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Habemus disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Habemus.io and Habemus.website links, and that link to Habemus.io or Habemus.website. Habemus does not have any control over those non-Habemus.io and non-Habemus.website websites, and is not responsible for their contents or their use. By linking to a non-Habemus website, Habemus does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Habemus disclaims any responsibility for any harm resulting from your use of non-Habemus websites and webpages.
As Habemus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Habemus.io or Habemus.website violates your copyright, you are encouraged to notify Habemus. Habemus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Habemus will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Habemus or others. In the case of such termination, Habemus will have no obligation to provide a refund of any amounts previously paid to Habemus.
This Agreement does not transfer from Habemus to you any Habemus or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Habemus. Habemus, Habemus Webeditor, Habemus Hosting, the Habemus logo, and all other trademarks, service marks, graphics and logos used in connection with Habemus.io or our Services, are trademarks or registered trademarks of Habemus or Habemus's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Habemus or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Habemus may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Habemus.io account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is." Habemus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Habemus nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Habemus, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Habemus under this agreement during the twelve (12) month period prior to the cause of action. Habemus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Habemus, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Habemus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Habemus, or by the posting by Habemus of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of São Paulo, Brazil.
These Terms are heavily insipired by and built on the work of the folks at Automattic and Wordpress.com.
As stated in the legalmattic project's README.md, they have been open sourcing the legalese of Wordpress.com services since 2014. In their words: "We'd like our legal documents to embody our vision of the spirit of the web - open and accessible."
We, at Habemus, share that same vision and are deeply grateful for their work, both for the open source Blogging Platform Wordpress and specifically for the legalmattic project. Thanks!