Access to and use of Bten LLC’s and Bten’s Sites, Mobile Applications, Services, Content, and Software (in conjunction or separately “Bten LLC Services” and/or “Bten Services”) are governed by these Terms and Conditions of Use (the “Terms”), which also include our Privacy Policy.

Please read these Terms carefully before accessing and using any and all content provided by Bten LLC. By accessing and using Bten LLC or any and all of Bten LLC Services, you agree to comply with these Terms.

If you are using Bten LLC and/or Bten LLC Services on behalf of a company or other legal entity, then “you” also means such company or legal entity, and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Bten LLC or Bten LLC Services if you do not agree to the version of the Terms posted on Bten LLC at the time you access Bten LLC.

1. Rights to Bten LLC Content and License to Use

Bten LLC owns and retains all proprietary rights, including all intellectual property in Bten LLC Services, Bten LLC trademarks, logos, and service marks (“Marks”). If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Bten LLC solely for your personal use in connection with using Bten LLC Services.

The license hereby mentioned is granted in a personal, royalty-free, non-assignable, and non-exclusive form. You may use Bten LLC Services and Bten LLC software, licensed for internal business purposes only and only as permitted by these Terms.

Except by Bten LLC’s prior written consent, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Bten LLC (excluding the Credentials); or (2) rent, lease, loan, or sell access to Bten LLC. Bten LLC ® and Bten ® are registered trademark of Bten LLC DESENVOLVIMENTO DE SOFTWARES LTDA. The trademarks, logos, and service marks (“Marks”) displayed on Bten LLC and Bten are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

2. User Accounts / Personal Information

In order to use Bten LLC Services, you may be required to provide Bten LLC with personal information, including email, contact information, username, and password (the “Credentials”).

You must keep your Credentials always up to date.

You may not use inelegant or offensive words to create your account or password, as well as the use of third party trademarks, names of entities and organizations, names protected by copyright or otherwise violating any rights of third parties, under penalty of being terminated by Bten LLC, at Bten LLC’s sole and exclusive discretion.

Bten LLC reserves the right to, at any time, in its sole discretion and without prior notice:

(i) check the Credentials and request additional data and / or documents;

(ii) cancel or delete Credentials that have been inactive for more than ninety (90) days.

Bten LLC handles Credentials with the utmost attention, care, and security. However, you are solely responsible for maintaining the confidentiality of your password. Bten LLC is not responsible for maintaining and protecting your Credentials.

If your contact information or other information related to your username or password changes, you must promptly notify Bten LLC. You are solely responsible for any activity using your Credentials, whether or not you have authorized it. You must immediately notify Bten LLC of any unauthorized use of your Credentials. You should also promptly notify Bten LLC if you suspect your email or password has been hacked or stolen. If you become aware that someone is using your Credentials without your consent or if you find out about any other security breach, you agree to notify Bten LLC immediately.

3.User Content

You acknowledge that you are solely responsible for any false information that may be provided by you for and/or in the use of Bten LLC Services. The User exempts Bten LLC from any liability as to the accuracy of the personal data provided by the User while using Bten LLC Services.

By making any content (“User Content”) available through Bten LLC Site and/or Bten LLC Services, you grant Bten LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license. Bten LLC may sublicense, use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit and otherwise exploit such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Bten LLC Site or Services. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available through Bten LLC Services or have all the rights, licenses, consents, and releases necessary to grant Bten LLC the rights under such User Content as contemplated in these Terms; and (ii) neither the User Content nor access, posting, submission or transmission of User Content or use of User Content by Bten LLC (or any part thereof) on or through Bten LLC Services will infringe copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy of third parties or will result in the violation of any applicable law or regulation.

Because we do not control any User Content, you understand and agree that Bten LLC: (1) is not responsible for and does not endorse any information provided by any and all users; (2) does not guarantee the accuracy, timeliness, adequacy, reliability or quality of the User Content information; and (3) assumes no liability for unintentional, objectionable, inaccurate, misleading or illegal User Content made available by users.

Bten LLC reserves the right (but has no obligation) to remove any or all User Content from the Bten LLC Services in its sole discretion.

If notified by Bten LLC, you agree to immediately remove any and all User Content that violates these Terms. In the event that you choose not to comply with a Bten LLC request to remove certain User Content, Bten LLC reserves the right to remove such content directly.

4. Third-Party Services / Materials

You may access or use third-party services, resources, content, or information (“Third Party Materials”) through Bten LLC. When using Bten LLC to find material on the Internet, you instruct Bten LLC to present portions of the data sources you have selected. The contents displayed in this way are the sole responsibility of the entity that makes them available. You acknowledge sole responsibility and assume all risks arising from your access to or use of such Third Party Materials, relieving Bten LLC of any liability you may incur as a result of your access to or use of such Third Party Materials.

You acknowledge and agree that Bten LLC: (a) is not responsible for the availability or accuracy of any Third Party Materials or products or services present or available in such Third Party Materials; (b) has no liability to you or any third party for any damage, injury or loss suffered as a result of your access to, or use of such Third Party Materials; (c) makes no promises to remove Third Party Materials. Your ability to access or link to Third-Party Materials does not imply any endorsement by Bten LLC of Third Party Materials or any third party services, and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through the use of Bten LLC Services. You also acknowledge that you are solely responsible for backing up and copying any third party material you wish to preserve.

5. Compliance with the policies of other review websites

The use of Bten LLC Services may direct you to access third-party review websites. The use of these third-party websites is your responsibility at your own risk. We do not monitor or control your adherence to their respective Terms and Policies. The use of these third-party review websites by Bten LLC Services users does not imply our endorsement, adoption, sponsorship, or affiliation with such sites. Our Terms and Policies do not govern the use of those third-party sites, but Bten LLC strongly recommends that you carefully read their respective Terms and Policies and agree to them at your sole discretion.

6.Third Party’s Software

Bten LLC Services incorporate certain third party software (“Third-Party Software”), which are licensed to Bten LLC in accordance with the such Third Party Terms and Conditions. Such Third Parties own and retain all ownership rights (including intellectual property) in their respective Software. Nothing in these Terms limits your rights under or grants you rights that supersede the terms and conditions of any applicable license for such Third Party’s Software.

7. Restrictions on Use

You agree not to do any of the following while using Bten LLC or Bten LLC Services:

access, post, send or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, improperly adopts or infringes a patent, copyright, trademark, commercial and moral secrecy of others; intellectual property rights, or publicity or privacy rights; (ii) violates or encourages any conduct that may violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false or misleading; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotic pornography; (vi) promote discrimination, intolerance, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatens or promotes violence or actions that threaten anyone else; or (viii) promotes illegal or harmful activities or substances (including, but not limited to, activities that promote or provide instructional information about the manufacture or purchase of illegal weapons or illegal or illicit substances).
use, display, mirror, frame, or use framing techniques to include Bten LLC Services, or any individual element or material within Bten LLC Services, the name of Bten LLC, any Bten LLC trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained within a page, without the prior express consent of Bten LLC;
access, tamper with, or use non-public areas of Bten LLC Services, Bten LLC computer systems, or Bten LLC vendor technical delivery systems;
attempt to probe, scan, or test the vulnerability of any Bten LLC network or system or breach any security or authentication measure;
avoid, bypass, remove, disable, impair, decrypt, or circumvent any technological measures implemented by Bten LLC or any Bten LLC vendor or any other third party (including another user) to protect Bten LLC Services;
attempt to access or search any of the Bten LLC Services or download Bten LLC Content from the Bten LLC Site or Services by using any mechanism, software, tool, agent, device (including spiders, robots, crawlers, data mining, tools, or similar) in addition to software and / or search agents provided by Bten LLC or other generally available third party browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera);
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or any other form of solicitation;
use any meta tags or other hidden text or metadata using a Bten LLC trademark, logo URL, or product name without the express prior consent of Bten LLC;
use the Bten LLC Site or Services for the purpose of filing an intellectual property infringement claim against Bten LLC or for the purpose of creating a competitive product or service with Bten LLC Services.
forge any TCP / IP packet header or any part of the header information in any email or newsgroup post, or in any way use Bten LLC Services to send altered, misleading or false source identification information;
attempt to decrypt, decompile, disassemble, or reverse engineer any software used to provide Bten LLC Services;
interfere with or attempt to interfere with the access of any user, host, or network connected to Bten LLC Services, including, without limitation, the submission of a virus, overload, flood, spam, or e-mailing to the Bten LLC website;
represent or misrepresent your affiliation with any person or entity;
Practice falsehood, thus understood as the falsehood of information (i.e., deliberate and voluntary disclosure of information that the User knows to be false or notoriously false) and ideological falsehood;
do anything or do anything contrary to the good faith and customs and practices of virtual communities, and that may offend any rights of third parties. Violation of the uses and customs of virtual communities should also be understood as excessive use of uppercase text, use of offensive criticism (known as “flamming”), unnecessary and reckless inclusion of previous communications in any publication or broadcast, and any other act that is contrary to commonly accepted Internet etiquette;
commit fraud;
violate or infringe intellectual property rights, fiduciary or contractual rights, rights of privacy or publicity of others;
propagate, distribute or transmit destructive codes, whether or not they have caused actual damage;

collect personal or business data, including (but not limited to) email addresses and / or names of any Internet resource, whether managed by third parties or us, for commercial, political, charitable, or otherwise purposes, without the consent of the owners of such data;

transmit content that is not owned by you or which you do not have the right to publish or distribute, whether by law or contract;
access Bten LLC Services without authorization through hacking, password mining, or any other fraudulent means or otherwise violates the rights of others;
conduct or encourage illegal activities, including (but not limited to) promoting or facilitating access, use, or sale of hazardous substances or devices;
send messages in violation of US anti-spam law, the CAN-SPAM Act, or any other applicable anti-spam legislation;
fail to comply with any applicable laws, rules, rules, principles, and regulations or fail to comply with any provision of these Terms;
assist any third party in taking any action prohibited by these Terms.

 

Bten LLC shall have the right to investigate and prosecute violations of any of the above situations, including infringement of intellectual property rights and security issues of Bten LLC Services, to the fullest extent of the law. Bten LLC may engage and cooperate with law enforcement to prosecute users who violate these Terms. You acknowledge that Bten LLC has no obligation to monitor your access to or use of this Site, Bten LLC Services, or any content provided through Bten LLC Services, or even to review or edit any User Content. Still, you have the right to do so. you for the purpose of operating the Bten LLC Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other government agency. Bten LLC reserves the right, at any time and without notice, to remove or disable access to any content provided by Bten LLC and any User Content that Bten LLC, in its sole discretion, considers being in violation of these Terms. or otherwise be harmful to Bten LLC or Bten LLC Services.

8. Feedback

We thank and encourage you to provide feedback, comments, and suggestions for improvements on this site and the Bten LLC Services (“Feedback”). You can send your feedback via email to contactus@bten.us. Bten LLC does not claim ownership of any Feedback that you submit or authorize for use to us. However, you grant us the right to use such Feedbacks as set forth below. By submitting your Feedback to us, you hereby grant us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Feedback in any and all media (now known or later developed) throughout the world.

To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Bten LLC’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Bten LLC and to make Feedback submitted to or through Bten LLC available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Feedback on other media and services, subject to our terms and conditions for such Feedback use. No compensation will be paid with respect to the Feedback that you post through Bten LLC. You should only submit Feedback to Bten LLC that you are comfortable sharing with others under the terms and conditions of these Terms.

9. Property

This Site, the Bten LLC Services, and any and all content produced and / or published through the Bten LLC Services (“Bten LLC Content”) are protected by copyright, trademark, and other laws of Brazil and other countries. Except as expressly provided in these Terms, Bten LLC and / or its licensors exclusively retain all rights, titles, and interests with respect to the Bten LLC Site, Bten LLC Services, and Content, including all intellectual property rights associated with them. You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Bten LLC Services, or Bten LLC Content. Bten LLC does not claim any proprietary interest in any Third Party Materials, except as otherwise provided in these Terms, and expressly disclaims any liability with respect to such Third Party Materials.

10. Trademark

The trademarks, logos, and service marks (“Marks”) displayed on Bten LLC are owned by us or the property of others. You may not use these Marks without our prior written consent or the consent of third parties who own the respective Marks.

11. Changes to Bten LLC Services or Terms

Bten LLC reserves the right, in its sole discretion, to modify, discontinue or terminate the Bten LLC Services or to modify these Terms at any time. The revised Terms will be effective immediately. Changes to Bten LLC Services may include modifying or discontinuing any “revision aggregate” services currently offered as part of Bten LLC Services. If we modify these Terms, we will post the modification on the Site. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you of the change. By continuing to access or use the Bten LLC Site or Services after Bten LLC posts a modification of these Terms or provide you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you shall stop using Bten LLC Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. We recommend that you visit this page regularly to review these Terms and check for the latest changes. Your continued use of Bten LLC Services is subject to the most current effective version of these Terms.

12. Termination

These Terms remain in effect while you use Bten LLC Services and as long as your account remains active. You may delete your account at any time.

Bten LLC may suspend or terminate your account or your access to Bten LLC Services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

Upon any termination, you understand and acknowledge that we will have no further obligation to provide Bten LLC Services to you. All licenses and other rights granted by Bten LLC to you under these Terms will terminate immediately. However, all other provisions of these Terms shall survive termination or expiration of these Terms. For the avoidance of doubt, you agree that these Terms apply to your use of Bten LLC Services and any content generated by or through Bten LLC Services at any time prior to or after the termination of the termination or expiration of these Terms.

13. Prices and Billing

Please refer to the agreement for pricing and billing information for Bten LLC Services. If you have questions about Bten LLC billing policies, please contact Bten LLC at contactus@bten.us.

14. Privacy Policy

Refer to Bten LLC Privacy Policy, located at Privacy, for information and notices regarding Bten LLC’s collection and use of personal information. If you have any questions about the Bten LLC Privacy Policy, please contact us at contactus@bten.us.

15.Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Bten LLC SERVICES IS AT YOUR OWN RISK AND THAT Bten LLC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Bten LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ANY IMPLIED WARRANTIES RELATING TO THE Bten LLC SERVICES, INCLUDING IMPLIED IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING GENERALITY, Bten LLC, ITS SUBSIDIARIES AND AFFILIATE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) YOUR USE OF THE Bten LLC SERVICES WILL MEET THE REQUIREMENTS, (B) YOUR USE OF THE BTEN OPPORTUNITY, Bten LLC SERVICES , SAFE OR ERROR-FREE, AND (C) USE DATA PROVIDED THROUGH Bten LLC SERVICES WILL BE ACCURATE.

16. Indemnity

You agree to defend, indemnify and hold Bten LLC and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, and agents (collectively, the “Bten LLC Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of  Bten LLC Services,  including due to or arising from your breach of any provision of these Terms.

17. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have, which may not be lawfully limited.

Bten LLC assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any content you post, send or receive through Bten LLC or Bten LLC Services.

You are solely responsible for your interactions with other users. We are not responsible for the activities, omissions, or other conduct, whether online or offline, of any user of Bten LLC. Bten LLC is not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on Bten LLC, whether caused by users or by any of the equipment or programming associated with or utilized in Bten LLC. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication with other users. Bten LLC is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Bten LLC or a combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Bten LLC. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Bten LLC or from any content posted on Bten LLC or transmitted to users, or any interactions between users of Bten LLC, whether online or offline.

Bten LLC Services are provided “as-is” and as available. Bten LLC expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Bten LLC Services will meet your requirements; (2) Bten LLC Services will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Bten LLC Services will be accurate or reliable.

You hereby release Bten LLC from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from (1) the actions, User Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL Bten LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF Bten LLC SERVICES, EVEN IF Bten LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT Bten LLC’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF Bten LLC SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED U.S. DOLLARS ($500).

18. Copyright Policy

Bten LLC has adopted the following policy toward copyright infringement on Bten LLC in accordance with the Digital Millennium Copyright Act (the “DMCA”) and equivalent or similar laws in other jurisdictions that are intended to exclude or limit the liability of online service providers who provide access to user-generated content. It is our policy to terminate users’ privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied in violation of applicable copyright law and used on Bten LLC in a way that constitutes copyright infringement, please send an email to contactus@bten.us with the following information; without this information, we will be unable to take action on your request:

• Your contact information.Please include your address, telephone number, and email address.
• Identification of the copyrighted work that you claim has been infringed.Please include sufficient details describing the copyrighted work that is claimed to be infringing.
• A description of where the material that you claim is infringing is located on Bten LLC. General information about the content is not adequate. Please include sufficient detail to enable us to identify and locate the work that is claimed to be infringing (for example, the URL(s) of the exact work(s)).
• You must agree to and include the following statement:“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
• You must provide the following statement: “The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of its owner, of an exclusive right that is allegedly infringed.”
• Your signature. An electronic or physical signature of the person authorized to act on behalf of the copyright owner’s owner.

We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws. If you feel that content has been taken down inappropriately, please send an email to contactus@bten.us, which will provide information on the requirements and procedure for filing a counter-notification with us.

19. Entire Agreement, Applicable Law, Severability, Non-Waiver, Assignment

Except as specifically stated in another agreement we have with you, these Terms, together with our Privacy Policy, constitute the entire agreement between you and Bten LLC regarding the use of Bten LLC Services, and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms is binding, and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Bten LLC’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”

These Terms and any actions related thereto shall be governed by the laws of Brazil, irrespective of any conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms shall be the state and federal courts located in Sao Paulo, Capital, and each party will waive any objection to the jurisdiction and venue in such courts.

20. Contact Us

If you have any questions regarding these Terms, please contact Bten LLC at contactus@bten.us.