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Welcome to Desktop!
Please find below the Terms and Conditions of Use (“Terms”) providing the main rules You shall observe when accessing and using the functionalities of the Investor Relations (RI) website (“Website”) of DESKTOP – SIGMANET COMUNICACAO MULTIMIDIA S.A. (“Desktop” or “We”), with principal place of business at Rua Teodor Condiev, 970, 13th floor, Jardim Marchissolo, in the city of Sumaré – SP CEP: 13.171-105, Corporate Taxpayers’ Roll (“CNPJ”): 08.170.849/0001-15, available electronically at the link www.ri.desktop.com.br.
As a condition for accessing and using the functionalities existing on the Website, You declare that You have read the rules of this document thoroughly and carefully, being fully aware thereof and in agreement therewith.
During the use of our Website, for the access to certain functionalities, additional information related to You may be required to better serve You. Don’t worry, the use of your data is regulated in accordance with our Data Privacy and Processing Policy, which can be accessed by You at any time.
1. WEBSITE FUNCTIONALITIES
1.1. Free access. The availability of content on the Website is free for Users and, in general, does not require prior registration.
1.2. Eligibility. We may change the eligibility criteria for accessing and using the Website at any time and at our discretion, without the need of prior communication or notice to You or to any third-party, being extremely important for You, when using the functionalities existing on the Website, to verify the rules in force at all times.
1.3. E-mails. By providing your data by means of the “Contact IR” or “Mailing Registration” form, You state being aware that You may receive, in the informed e-mail and/or telephone, messages with notices and information content sent by Us. Please note that, by means of the Service Channels, at any time, You will always have the option to withhold the receipt of such communications, provided that it does not affect the essential contact for fulfilling requests made by You.
1.4. Website Presentation. Our Website and the functionalities thereon existing are presented to You “as is” upon access, but may undergo ongoing improvements and updates without the need of prior notice.
1.4.1. In this case, We undertake to preserve the Website functionalities with reasonable efforts, using a layout that respects usability and navigability, whenever possible, as well as displaying the features clearly, fully, accurately and sufficiently, so that there is a precise perception of what is being done, and to protect, by means of the available state-of-the-art, the data collected by the available functionalities.
2. YOUR USE OF THE WEBSITE
2.1. Website Access. Access to the Website will take place through the use of the Internet, by means of the link ri.desktop.com.br, and access by any other means not authorized by Us is not allowed.
2.2. Website Functionalities. You will be able to benefit from the Website browsing, where You will have access to functionalities and information content created for You.
2.2.1. The Website functionalities are intended to serve our investor audience and have, as their purpose, to comply with the duty of information, exposing institutional content, Desktop financial statements, corporate information, in addition to allowing contact with our investors, in addition to other exposition contents.
2.3. Information completeness. You are solely responsible for the completeness and accuracy of any information entered by You on the Website, being civilly and criminally liable for the consequences arising from unlawful use of third-party information or false information.
3. CONTENT, SUBMITTED DATA AND INTELLECTUAL PROPERTY
3.1. Content. Except as otherwise provided for in these Terms, all information, news, images, brands and market information made available on the Website in any language or form is our exclusive property or licensed material (“Content”). Your use of the Website does not give rise to any presumption of transfer of such ownership or license. Accordingly, You shall not sell, in whole or in part, the Content by any means, at any cost or otherwise, being aware that failure to comply with this provision may entitle Us and/or any third-party owning the Content to hold You civilly and criminally liable.
3.1.1. Any removal, blocking or suspension of any Content or functionality of the Website as a result of any complaint shall at all times be understood as a demonstration of good faith and intent to settle conflicts amicably, never as acknowledgment of fault or any violation by Us to third-party rights.
3.2. Your Data. You are and will remain being the titleholder and owner of all data submitted and/or shared on the Website by You (“Your Data”), as well as will be exclusively liable thereof.
3.3. Legality of Your Data. We will not be required to process any of Your Data if there are reasons to believe that such processing may ascribe to us any violation of any applicable law, or that the Website is being used, at our sole discretion, for any illegal, unlawful or contrary to morality purposes.
3.4. Lack of guarantees regarding Your Data. We do not ensure the quality, consistency, completeness, form, up-to-datedness or Your Data, as We do not control, verify or evaluate Your Data. Therefore, We are not responsible for any inaccuracy, outdatedness or error of Your Data, of any kind.
3.5. Storage. We do not provide, nor does the Website constitute a storage service; therefore, We are under no obligation to store, retain or provide You or any third-party with a copy of Your Data.
3.6. No mining. The use of data mining software on the Website, of any nature or kind, in addition to any other similar software not specified herein is prohibited.
3.7. Indemnification. In the event of damage to Us or third-parties, the liable party undertakes to bear all obligations to indemnify the damaged party, including those arising from acts practiced by means of their access to the Website, appearing as the defendant in a lawsuit or administrative proceeding and requesting our exclusion, fully bearing the related expenses and court costs, and exempting us from any losses and burdens.
3.7.1. Website Integrity. You undertake not to access the Website programming area, its database, source codes or any other set of data available in such environments, as well as not to perform or allow reverse engineering, nor to translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise inappropriately dispose of the Website
4. EXEMPTION AND LIMITATIONS OF LIABILITY
4.1. Website Availability. We endeavor efforts to maintain the continuous and permanent availability of the Website. However, temporary unavailability may occasionally occur, resulting from necessary maintenance or even caused by force majeure, such as natural disasters, failures in communication systems and Internet access, invasive cyber attacks, or any third-party facts beyond our control and responsibility.
4.1.1. In such cases, We will do whatever possible to us to restore the access to the Website as soon as possible, within the technical limitations of our services and third-party services, on which We rely to establish online connection. Therefore, You become aware that You will not be able to claim award or compensation for damages should the Website remains down, regardless of the reason.
4.1.2. Without prejudice to other conditions of these Terms, We will not be liable:
(i) For any problems, bugs, glitches or improper operation occurring in your devices and equipment;
(ii) For any direct or indirect damages caused by third-party events, including, but not limited to, hacker attacks, system, server or internet connection failures, including due to software actions that may somehow damage physical or logical assets as a result of accessing, using or browsing the Website, as well as the transfer of data, files, images, texts, audios or videos contained on the Website;
(iii) For browsing any external links made available on the Website, and You will be liable for reading the Terms and Conditions of Use and the Privacy Policy of the resource accessed and proceed accordingly; and
(iv) For checking, controlling, approving or ensuring the adequacy or accuracy of the information or data made available on such links, therefore not being liable for prejudices, losses or damages resulting from the visit to such websites, and the interested party should be liable for verifying the reliability of the information and data provided therein prior to making any decision or performing any act.
5. SECURITY RECOMMENDATIONS
5.1. Website Access. Whenever You access the Website, verify whether You are indeed in the environment provided by Us; hackers actions might, in an attempt to steal your data, replicate a copy of the Website or areas thereof.
5.1.1. To check the Website integrity and accuracy, click on the padlock placed in the browser address bar, verifying the present and informed certificates.
5.1.2. If the browser fails to present the certificates and/or prompts a message confirming that the access is unsecure, immediately stop using the Website and let us know, so that the necessary measures can be taken.
6. PENALTIES
6.1. Penalties. Noncompliance with any provision under these Terms may lead to liability in the civil and criminal spheres, when applicable.
6.1.1. You hereby acknowledge and undertake, while using the Website, not to carry out any actions contrary to the morality, ethics and good faith, committing, in any circumstances, not to disclose, instigate or assist in the practice of illegal or fraudulent acts, and should prevent them whenever You become aware thereof, subject to the penalties provided for in clause 1 above.
7. MISCELLANEOUS
7.1. Service Channels. You may use the Service Channels made available on the Website whenever You witness or identify improper content on the Website, whether it is clearly illegal or contrary to the rules of use provided for in these Terms.
7.2. Amendment to the Terms. These Terms are subject to continued improvement and amendment. Accordingly, We reserve the right to modify them at any time, according to its purpose or convenience, such as for the adequacy and legal compliance of a provision of law or regulation having equivalent legal force, including regulatory agencies, i.e., You shall check these Terms whenever accessing the Website.
7.2.1. In case of updates to these Terms, We will notify You by means of the tools available on the Website or by the contact means provided by You.
7.2.2. When browsing the Website and using its functionalities, You state being aware that your whole browsing is governed by the Terms in force on the date of access. Therefore, We recommend You to keep up-to-date with the conditions in force.
7.3. Novation and waiver. Tolerance to occasional noncompliance with any conditions of these Terms will neither constitute a waiver or novation, nor will it prevent us from enforcing such conditions at any time.
7.4. Nullity. If any provision of these Terms is held unenforceable or ineffective, the remaining provisions will remain in full force and effect.
7.5. Date and time. The Website is based on the official Brasília date and time (UTC/GMT -03:00).
7.6. Applicable law and venue. These Terms will be construed in accordance with the Brazilian laws, in the Portuguese language.
8. GLOSSARY
i. Service Channels: Contact channels made available by Us, for sending questions and suggestions related to the Website.
ii. Layout: Set comprised of the Website appearance, design and flows.
iii. Link: Terminology for Internet address.
iv. Website: Electronic platform made available by means of the Internet allowing Users to access the functionalities available and related to the provision of services and fulfillment of our obligations.
v. Users or You: Visitors, investors, among others who use the Website to access to the content and functionalities.