Terms of Use – Brazil

This website provides access to ready and non-personalized materials and information, including visual interfaces, texts and written composition, videos and other audiovisual work, pictorial works such as images, photos, graphics, pictures, illustrations and design, audio recordings and music compositions, compilations and other works of WGSN’ or its licensors authorship (WGSN Content).

WGSN Limited, holder of the Intellectual Property Rights of WGSN Content and this website (WGSN) has assigned the patrimonial rights to explore WGSN Content and this website to 4C Serviços de Informação Ltda. (4C).

The use and access to the WGSN Content is set forth in 4C’s Terms and Conditions and Purchase Document (together, the Agreement), of which these Terms of Use are a constituent part.

These Website Terms of Use govern the use of this online website withheld by WGSN, as well as the WGSN Content and the applications available hereof (Site), by 4C’s clients, their authorized users or any other visitors who access this website (Visitors).

The access and use of Site by Visitors is subject to the provisions hereunder, as well as the Governing Law. By accessing and using the Site, Visitors confirm their agreement to be bound hereby.
If any Visitor is entering into this Site on behalf of an organization or entity, Visitor represent and warrant that it has the authority to bind such organization. Any person who accesses the Site by virtue of being designated by a 4C’s client as an individual authorized user similarly agrees to be bound hereby.

The access and use of the Site on behalf of an educational institution is strictly limited to students, faculty and staff; no alumni may be granted access.

All references to “us,” “our” and “WGSN” in these Terms of Use are intended to refer to WGSN (as defined above) and its affiliates.

The terms hereunder shall be construed in accordance with the definitions of these Terms of Use. Any reference in singular includes plural and vice versa, and words referring to one gender include both genders.

1. Changes to Sites

As part of its policy of updating and improving the Sites, WGSN reserves the right, at its discretion, to make changes to any part of or the whole of the Site (including by way of substitution of content).
2. Registration

(a) To use the Sites, Visitor must register and provide WGSN with accurate and complete registration information.
(b) It is Visitor’s responsibility to update the registration data and promptly inform WGSN of any changes to Visitor’s information by contacting the account manager.
(c) As part of the registration process, WGSN shall assign to the Visitor or, at the discretion of WGSN, shall allow the Visitor to select, a user name and password. Each registration is for a single user only.
(d) Each additional authorized user appointed by 4C’s client shall be assigned (or selected at the discretion of WGSN) a separate user name and password for access to the Site; provided, however, that for educational institutions, authorized users are not required to register individually.
(e) WGSN does not permit any sharing by more than one person of a user name and password or access to the Site through a single name being made available to multiple users on a network; provided, however, that the foregoing restriction does not apply to educational institutions.
(f) Visitor agrees not to allow others to use his/her user name and password and is solely responsible for maintaining the confidentiality and security of his/her account. Visitor agrees to notify WGSN immediately of any unauthorized use of his/her user name and password.

3. Charges

In addition to the charges set forth above, Visitors may incur and are responsible for all charges associated with connecting to the Sites, including all telephone access lines, telephone and computer equipment and any service fees necessary to access the Sites.

4. Usage of Content

The Usage of WGSN Content is granted in a non-transferable and limited way.
WGSN grants Visitor access to WGSN Content only for Visitor’s product design, development, inspiration, research and manufacturing purposes, exclusively to do the following: (i) support the development of its projects and/or manufacture of a Visitor’s product; (ii) view, download and print WGSN Content; (iii) create derivative works of pictorial images such as, photographs, graphics, pictures, illustrations, and designs included within WGSN Content; and (iv) use such works and Visitor’s derivative works thereof on or in Visitor’s products.
(a) Save in respect of items clearly marked “downloadable”, the following are strictly forbidden and represent a violation of these Terms of Use, unless prior written consent is obtained from WGSN or the relevant third party Content provider:
(i) Incorporation of WGSN Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
(ii) Incorporation of WGSN Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;
(iii) Resale of WGSN Content in its original condition or in a digitally manipulated form;
(iv) Incorporation of names or likenesses of individuals from WGSN Content on or in Visitors’ products;
(v) Incorporation of distinctive locations, buildings, businesses, personal property or products from WGSN Content on or in Visitors’ products;
(vi) Use of WGSN or third party trademarks, trade names or service marks on or in Visitor’s products;
(vii) Distribution of WGSN Content to parties outside of the Visitor’s organization. Visitor’s may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within WGSN Content to Visitor’s suppliers, vendors, independent contractors and consultants for the sole purpose of aiding Visitor in connection with its product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at Visitor’s discretion but in no way absolves Visitor from the full responsibilities for all terms and conditions contained within this Terms of Use; or
(viii) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.
(b) Any requests to republish or redistribute WGSN Content should be addressed to Visitor’s account manager and should not be considered authorized unless and until validly approved in writing by WGSN.
(c) WGSN may provide news e-mail service or other prompts to new Content. The use of the Content received through the e-mail news service will be subject to the terms and conditions of these Terms of Use.
(d) Copyright in any software that is made available to Visitor for download from the Sites belongs to WGSN or its suppliers. Visitor may not install or use any software unless he/she agrees to be governed by the terms of any license agreement that accompanies or is included with the software.
(e) Visitor acknowledges and agrees that the WGSN Content is only for general information and use and does not constitute any form of advice, recommendation or arrangement by WGSN and is not intended to be relied upon in making any specific business or investment decisions. Any reliance by Visitor upon any advice, opinion, statement or other information displayed or distributed through the Sites is at Visitor’s sole risk.
(f) Any use of the Site other than as specifically permitted above is prohibited.

5. Visitor’s content

(a) Visitors are solely responsible for any Content that they upload to the Site or transmit through the Site, and Visitor represents, warrants and agrees that:
(i) Such content will not be unlawful, harmful, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another’s privacy or right of publicity, infringing of a third party’s intellectual property rights;
(ii) Such content will not be hateful, racially, ethnically, or otherwise objectionable, encouraging of conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
(iii) Visitor has all necessary rights to such Content;
(iv) Such content will not harm minors in any way, including transmitting content that violates federal, state, international or any other child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
(v) Visitor will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any such content;
(vi) Such Content will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(vii) Visitor will not interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; or
(viii) Visitor will not provide any information to WGSN that is false or misleading, that attempts to hide Visitor’s identity or any information that Visitor do not have the right to disclose.
(b) Visitor agrees that WGSN will not be responsible for screening, policing, editing or monitoring any Content posted, viewed, transmitted, reproduced and/or distributed by any person using the Site.
(c) Visitor’s sharing of content constitutes permission for use by the recipient according to these Terms of Use.
(d) WGSN may keep records regarding the IP and access information of the Visitor, for any future events regarding the content sent, uploaded or transmitted through the Site by Visitor.

6. Technology

Visitor acknowledges that the software, inventions, know-how, databases, data compilations, methods, processes, designs and architecture underlying the Sites (Technology) are protected by intellectual property rights. Visitor agrees not to (and agrees not to allow any third parties to):
(a) Use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the Site, or to monitor use of the Site, without WGSN’ prior written permission;
(b) Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(c) Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Technology (except that the foregoing restrictions shall only apply to the extent they are allowable under Governing Law);
(d) Use any network monitoring or discovery software to determine the Site’s architecture, or extract information about usage, individual identities or users;
(e) Circumvent, disable, or otherwise interfere with security-related features of the Sites, including any features designed to prevent, limit, or restrict use or copying of any Content; or
(f) Bypass robot exclusion headers or other similar measures WGSN may use to prevent or restrict access to, or caching of, the Site.
Visitor must not systematically extract and/or re-utilise parts of the Site or WGSN Content. In particular, Visitor must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any parts of the Site or WGSN Content. Visitor must not create and/or publish Visitor’s own database that features parts of the Site or WGSN Content (e.g. our prices and product listings) without WGSN’s prior written consent.

7. Disclaimers

THE SITE, INCLUDING ITS CONTENT, IS PROVIDED “AS IS”, WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY REGARDING CONTENT, UNINTERRUPTED ACCESS, PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, RESULTS OF USE OF THE SITE, OR THE AVAILABILITY OR ACCURACY THEREOF.
SPECIFICALLY, WGSN DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
USE OF THE SITE IS ENTIRELY AT VISITOR’S OWN RISK.

8. Limitations of liability

(a) WGSN will not be liable in any manner whatsoever for any consequences of any delay or interruption in the delivery or updating of the Sites. Furthermore, WGSN shall not liable for any failure or delay resulting of an event outside of the reasonable control of WGSN, its sub-contractors or suppliers (as applicable) (a Force Majeure Event).
(b) The Site may contain advertising or sponsorships from time to time. WGSN is not responsible for the material provided by such advertisers and sponsors. Further, WGSN provides no assurances that it will not take advertisements or sponsorships from competitors of Visitor. Visitor’s correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by such advertisers or sponsors are solely between Visitor and such third party.
(c) NEITHER WGSN NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE WGSN CONTENT, INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE, FOR ANY REASON WHATSOEVER.

THIS LIMITATION OF LIABILITY APPLIES (BUT IS NOT LIMITED TO) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA.

VISITOR SPECIFICALLY ACKNOWLEDGES THAT WGSN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.

IN NO EVENT WILL WGSN’S TOTAL LIABILITY TO VISITOR FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE USE OF THE SITE, EXCEED THE GREATER OF £100 OR THE AMOUNT PAID BY VISITOR TO WGSN DURING THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION ARISE, AS THE CASE MAY BE.

9. Modifications to Website Terms of Use

(a) WGSN reserves the right to modify the terms and conditions of this Terms of Use (including those relating to the use of WGSN Content). Any modification is effective 30 days after upon posting to the Site or immediately upon distribution to Visitor via e-mail or conventional mail.
(b) The continued use of the Site following the effective date of notice of any modification(s) to this Terms of Use shall be deemed an acceptance of all such modifications.
(c) Notwithstanding the foregoing, any modifications that have a material negative impact on Visitor, other than modifications imposed on us by Content providers, shall not be effective until the end of the term of the Agreement.

10. Termination or expiration of the access

If WGSN in its sole discretion permits Visitor to continue to use the Site following expiration of the term granted for access, these Terms of Use shall continue to apply in respect of such use.
(a) Notwithstanding the above, WGSN may suspend the access at any time in the event that Visitor has materially breached (or WGSN reasonably suspects that Visitor has materially breached) any provision of these Terms of Use. Suspension of access shall last until the breach is cured and, at WGSN’s option, Visitor’s account shall be cancelled after a reasonable period elapses and the breach persists.
(b) Upon any expiration or termination of the access, all rights and licenses granted herein shall terminate, except that Visitor may continue to manufacture and sell products that incorporate WGSN Content and that were designed prior to such expiration or termination; provided that the foregoing rights shall not apply to subscribing educational institutions or authorized users thereof.
(c) The provisions of Sections 7, 8 and 11 shall survive to the termination or expiration of the access.
(d) These remedies are in addition to any other remedies that WGSN may have at law or in equity.

11. General provisions

(a) Entire Terms of Use. These Terms of Use constitute the entire terms and conditions set forth between Visitor and WGSN for the use of the Site, excluding any other terms that may be implied or otherwise incorporated and superseding all prior agreements with respect to the subject matter hereof. The failure or delay by WGSN to enforce any provisions of these Terms of Use shall not be construed as a waiver of any of WGSN’s rights or operate as a waiver of any subsequent breach.
(b) Governing Law; Disputes. The interpretation and enforcement of these Terms of Use shall be governed by the laws of England (excluding its choice of law rules). Visitor agrees that any claim or dispute he/she may have against WGSN regarding these Terms of Use must be resolved by a court located in England.
(c) International Use. Visitor agrees to comply with all local rules of Visitor’s country regarding online Conduct and acceptable Content. Visitor is aware that information published on the Sites may refer to products, programs, contents or activities that are not available in Visitor’s country.
(d) Severability. In the event that any term or provision of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining terms or provisions shall not be affected.
(e) Notices. Except as otherwise set forth herein, all notices required or permitted to be given pursuant to these Terms of Use shall be sent by e-mail to Visitor at the addresses provided in the registration or as otherwise provided in writing by Visitor to WGSN. Such notice (if given by e-mail) shall be deemed effective three hours from transmission. In addition, WGSN may also give notice to Visitor via the Site, and such notice shall be deemed to be effective on the date it first appears on the Site.
(f) Indemnity. Visitor agrees to indemnify and hold WGSN and its employees, agents, officers, directors and other representatives harmless from and against all costs, losses, liabilities and expenses (including legal fees) which WGSN may suffer or incur, in connection with or arising from Visitor’s breach of these Terms of Use, or inadequate use of the Site, use of Content or unauthorized use of Visitor’s user name or password.
(g) Anti-Bribery. Visitor warrants and assures to (i) comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; (ii) comply with such of WGSN’s anti-bribery and anti-corruption policies as are notified from time to time; and (iii) promptly report to WGSN any request or demand for any undue financial or other advantage of any kind received by or on behalf of Visitor in connection with the use of the Site. Breach of this Section 12(h) shall be deemed as material breach of these Terms of Use and of the Agreement.
(h) Interpretation. Sections and sub-section headings in these Terms of Use are included herein for convenience of reference only and shall not constitute a part of this instrument for any other purpose or be given any substantive effect. The words “include” and “including” are illustrative and not limiting.

12. Privacy and cookies policy

Please review our Privacy and Cookies Policy posted on the Site to understand our practices.
Visitor agrees that the Privacy and Cookies Policy is incorporated in these Terms of Use, being subject to it.

13. Copyright compliance

If any Visitor is a copyright owner or an agent thereof, and believes that any content hosted on the Site infringes any copyrights, Visitor may submit a notification by providing WGSN with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WGSN to locate the material;
(iv) Information reasonably sufficient to permit WGSN to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14. Contact information

Any feedback, comments, requests for technical support or other communications shall be directed to WGSN to the account manager or through the facilities provided on the Site.