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ACCOUNT REGISTRATION

1. The User must register an account ("Client Account") to access and use some features of the SixEmotions Platform, such as to reserve. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the necessary powers to legally bind that entity, granting us all the authorizations and licenses set forth in these Terms.

2. You may register a Client Account using an email address and by creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.

3. During the registration process, the User must provide correct, updated and complete information, and must keep his / her Client Account and profile page information up to date.

4. You must not register more than one (1) Client Account, unless authorized by SixEmotions. You may not assign or otherwise transfer your Client Account to any other person or entity.

5. You are responsible for maintaining the confidentiality and security of your Client Account credentials and should not disclose them to third parties. The user must notify SixEmotions immediately if he or she has knowledge or reasons to suspect the theft or misappropriation of his or her credentials, or that they are in any way compromised, or in the event of any unauthorized, effective or suspected use of his or her Client Account in the SixEmotions Platform. You are responsible for any and all activities performed through your Client Account, unless you have not authorized the activities in question and have not acted negligently (for example, by not reporting unauthorized use or losing your credentials).

6. SixEmotions may provide features that allow you to authorize other Users or certain third parties to perform certain acts that affect your SixEmotions Client Account (as defined below) to help you manage your bookings. These features do not require you to share your credentials with anyone else. No third party is authorized by SixEmotions to ask you for your credentials, and you must not request them from another User.

 

CLIENT ACCOUNT

1. Subject to any requirements (such as completing any verification procedures) defined by SixEmotions and / or Partner, you may reserve a Service or Product available on the SixEmotions Platform, following the respective booking process. The value shown in the Partner Announcement already includes all applicable fees, including that of the Ad Commission.

The Security Deposit (if applicable) and any applicable Taxes or fees, will be presented to you in the Service or Product reservation notice. The Client agrees to pay the total amount Announced for any requested reservation, within the scope of its Client Account.

2. Upon receipt of a "Booking" booking confirmation from SixEmotions, a legally binding agreement is entered into between you and the Partner, subject to any additional terms and conditions of the Partner that apply, including in particular the policy applicable cancellation and any rules and restrictions specified in the Notice. MassTechlace will charge the Total Value at the time of the reservation request or after confirmation by the Partner. For certain reservations, Clients may have to pay a "Fee" entry fee and the remainder upon completion of the Service.

3. If you reserve a Partner Service on behalf of other Clients, the User is required to ensure that they comply with any requirements defined by the Partner that are informed that they accept these Terms and any terms and conditions norms and restrictions defined by the Partner.

If you make a reservation for an additional Client that is minor, Client represents and warrants that you are legally authorized to act on your behalf. Minors may only participate in an Experience, Event, Other Service or Partner Product if accompanied by an adult responsible for them.

 

PARTNER’s ACCOUNT

1. You may register a Partner´s Account with individual profiles protected by personal and non-transferable credentials, for each Worker or Employee of the company "Employee". This Employee account will have access to the Bookings reservations of the clients and will have access to charge extra expenses that the Client has contracted during the Experiences, Events or other Services.

2. A Partner may register a "Employee´s Account". for each Worker or Employee of the company with individual profiles protected by personal and non-transferable credentials. In this account, the employee will have access to the list of Bookings of the clients on the Partner’s account and will have access to charge extra expenses that the Client has contracted during the Experiences, Events, other Services or products.

3. SixEmotions may, in its sole discretion, enable Partners to: (i) create, upload, post, send, receive and store content, such as text, photographs, audio, video or other materials and information on or through Platform ("Partner Dashboard"); (ii) the profile of any of its Employees and (iii) access and view the content of Partner and any other that SixEmotions itself makes available on or through the Platform, including the company's private content and any content licensed or authorized for use by SixEmotions or through SixEmotions, from a third party and / or in conjunction with the Partner Content.

4. The SixEmotions Platform, SixEmotions Content and Partner Content may be protected in whole or in part by copyright or trademark. You acknowledge and agree that the SixEmotions Platform and the SixEmotions Content, including all associated intellectual property rights, are the exclusive property of MassTechlace and / or its licensors or authorized third parties. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated or published in the SixEmotions Platform or Partner Content. All SixEmotions trademarks, service marks, logos, trade names and any other source identifiers used or related to the SixEmotions Platform and its Content are trademarks or registered trademarks. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used or related to the SixEmotions Platform, Content and / or Collective Content are used for identification purposes only and may be the property of their respective owners.

5. You shall not use, copy, adapt, alter, prepare derivative works of, distribute, license, sell, transfer, disseminate, and publicly display, transmit, broadcast, or otherwise exploit the SixEmotions Platform or its Content, except to the extent that it is the legal holder of any Partner Content or as expressly permitted in these Terms. You are not granted any licenses or rights, implicitly or otherwise, under any intellectual property rights held or controlled by MassTechlace or its licensors, unless expressly granted in these Terms.

6. Subject to compliance with these Terms, SixEmotions grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) download and use the APP on your personal devices; and (ii) access and view any Collective Content made available on, or through the SixEmotions Platform accessible to you.

7. By creating, uploading, posting, receiving, storing or otherwise making available any Member Content on or through the SixEmotions Platform, you grant SixEmotions a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of protection), sublicenseable and transferable with respect to the Partner Content in question, to access, use, store, copy, alter, prepare derivative works, distribute, publish, transmit, reproduce, other way to exploit the Partner Content in question, in order to provide and / or promote the SixEmotions Platform, in any medium or platform. Except with your specific consent, SixEmotions does not claim any proprietary rights in respect of any Partner Content, and nothing in these Terms shall be construed as limiting any possible rights of the user to use or exploit its own Partner Content.

8. SixEmotions may offer Partner the opportunity to benefit from professional photographers services to take photographs of their Experiment, Event or other Services or Products proposals to be included in your Ads, with or without a watermark or with the words "SixEmotions.com Verified Photography" or similar. The Partner is responsible for ensuring that your Service or Product is accurately represented in the Images to be Verified and shall suspend its use on or through the SixEmotions Platform if the images fail to accurately represent your Service or Product if you fail to or if your Partner Account for any reason is canceled or suspended. The Partner acknowledges and agrees that SixEmotions has the right to use any Verified Images for advertising, marketing and / or any other commercial purposes in any media or platform. If SixEmotions is not the exclusive owner of the Images, you are granting an exclusive, worldwide, royalty-free, irrevocable, perpetual (or term of protection), sublicensable and transferable license to use them for advertising, marketing and / or any other commercial purposes in any media or platform, with respect to your Announcement or otherwise, without any obligation of prior notice or compensation. In turn, SixEmotions grants you a non-exclusive, non-sublicensable, revocable, non-transferable, non-transferable license to use the Verified Images outside the SixEmotions Platform solely for your personal, non-commercial use.

9. Partner is solely responsible for all Content that you make available on or through your Partner account on the SixEmotions Platform. You represent and warrant that: (i) you are the sole and exclusive holder of all Partner Content you make available on, or through, the SixEmotions Platform or you have all rights, licenses, consents and approvals necessary to grant SixEmotions the rights to and relating to the Partner Content in question as provided in these Terms; and that (ii) neither the Partner Content nor the publication, uploading, sending or transmitting of the Partner Content (or any part thereof) by you, or your use by SixEmotions, constitutes a breach, misappropriation or infringement copyrights, trademarks, trade secrets, moral rights or other intellectual property rights of third parties, or publicity or privacy rights, or result in violation of any applicable laws or regulations.

10. You will not publish, upload, send or transmit any Partner Content that: (i) is fraudulent, false, misleading (directly or by omission or inability to update information) or is misleading; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promote discrimination, fanaticism, racism, hatred, harassment or harm against any individual or group; (iv) is violent, threatening or promotes violence or threatening actions towards any other person or animal; (v) promote illegal or harmful activities or substances. SixEmotions may, without prior notice, terminate or prevent access to any Content of the Partner that you deem contrary to these Terms of SixEmotions in force at that time, or that may otherwise be harmful or offensive to the company / brand, its Partners, Clients, third parties or cultural, religious or political heritage.

11. SixEmotions respects the legislation in force regarding copyright matters and expects its Partners to do the same. If you have reason to believe that any content on the SixEmotions Platform infringes any copyrights you hold, you must inform us in accordance with our Copyright Policy.

12. When creating an Announcement through the SixEmotions Platform, Partner must: (i) provide complete and correct information about its Service or Product proposals (such as description, location and calendar availability); (ii) disclose any shortcomings, restrictions (such as rules or rules) and applicable requirements (such as minimum age, proficiency requirements or degree of difficulty of each Experience, Event, other Service or Product); and (iii) provide any other pertinent information requested by SixEmotions. Partner is responsible for always keeping your Ad information updated (including calendar availability).

13. Partner is solely responsible for setting a price (including any taxes and charges if applicable, or other costs) for publication in your Announcement. When a Client requests a "Booking" reservation, Partner may not require Client to pay a higher price than that stated in the booking request.

14. Any terms and conditions included in the Partner Announcement, in particular in relation to cancellations, shall not conflict with these Terms of the SixEmotions Platform, or with the relevant cancellation policy for Partner.

15. Photos, animations or "Images" videos, used in the Ads of the Partners, must accurately reflect the quality and conditions of your Services or Products. SixEmotions reserves the right to require Ads to have a minimum number of Images of a particular format, size and resolution.

16. The placement and classification and publication of the Ads on the SixEmotions Platform may vary and depend on a variety of factors, such as Client's search parameters and preferences, Partner requirements, price and availability of calendar, number and quality of Images, Client service and cancellation history, Comments and Ratings, type of Service or Products, reservation facility and / or "Highlights" ad rate.

17. When accepting or pre-approving a booking request from a Client, Partner is entering into a legally binding contract with Client, being required to provide its Services or make its Products available to Client, as described in your Announcement, when the reservation request is made. Partner also agrees to pay any applicable Taxes and Fees.

18. SixEmotions recommends that, in accordance with applicable law, the Partner insure adequate or required insurance to support its Services. You should carefully review any insurance policy in question and, in particular, make sure that you are familiar with and understand any exclusions and deductibles that may apply to such policy, including, without limitation, any coverage of shares or omissions by Clients (and persons covered by reservations, if applicable), during participation in your Experience, Event or other Service or Product.

19. The Partner is responsible to issue monthly receipts or in the form of a single yearly act, corresponding to the amount of the rendering revenues from the SixEmotions Platform or Masstechlace indicated accounts, or Official Entities.

Co Partnership

1. The Partner is responsible and will have to exercise due diligence and attention in deciding who to add as a Partner Partner in your Ads. Partner remains solely responsible for any and all Advertisements and Partner Content posted on the SixEmotions Platform, including any Ad created by a Partner on your behalf. In addition, Partner remains liable for its own acts and omissions, including, but not limited to, conduct that harms or causes harm to Partner Partners. Co Partner remains responsible for its own acts and omissions by assuming its roles and responsibilities as Co Partner, including, without limitation, conduct that harms or damages Client, Partner and the SixEmotions Platform. Adicionalmente, tanto o Parceiro como o Co Parceiro, são conjunta e solidariamente responsáveis por reclamações de Clientes, incluindo de terceiros, decorrentes de atos e omissões de qualquer uma das partes, relacionados com atividades, comunicações com Clientes e a prestação de quaisquer Serviços ou Produtos do Co Parceiro.

2. Unless otherwise agreed between them by the Partner and Co Partner, they may terminate the Co Partnership Agreement at any time. In addition, both the Partner and Co Partner acknowledge that their Co Partnership relationships terminate if SixEmotions;  (i) withdraw the Services or Products from their Co Partnership; or (ii) suspend the participation of any of the parties in the Services provided by Co Partnership. If the Co Partnership agreement is terminated, Partner remains liable for all Co Partner actions prior to termination, including for any outstanding or future reservations initiated prior to termination. Upon withdrawal of Co Partner status, the User ceases to have access to any information related to the Partner or Clients related to the Partner Ads in question. In addition, Partner agrees to pay to Co Partner all Co Partnership Services completed prior to termination within 14 days of the date of termination. A Co-Partner will not be entitled to any Commissions for any Co-Partnership Services that have not been completed prior to termination.

3. As a Co-Partner, the user will be identified by the Clients as Partner and their Comments or Ratings will affect the Advertisers of the Partner. Thus, Client comments or Ratings will refer to the Partner of such Advertisements (including, potentially, based on the conduct and performance of Partner Partner). Partner acknowledges that Client Reviews and Ratings regarding your Ads may be affected by the conduct and performance of a Partner.