Terms of Use

COMPANHIA BRASILEIRA DE METALURGIA E MINERAÇÃO - CBMM

Terms and Conditions of Use
Last update: July 13, 2018.

SUMMARY
1. CBMM Platform
2. Access equipment
3. CBMM Platform Content 
4. Access and use of CBMM Platform
4.1. User registration
5. Intellectual Property Rights
6. Dissemination of CBMM Platform
7. Use of Software
8. CBMM’s Care with CBMM Platform
9. Prohibitions to Users
10. Indemnity
11. Communication
12. Applicable Law
13. Miscellaneous
14. Doubts

PLEASE READ CAREFULLY THIS DOCUMENT AS YOUR USE OF CBMM PLATFORM SHALL BE DEEMED AS AGREEMENT TO THESE TERMS.

The site www.cbmm.com and/or www.cbmm.com.br (“CBMM Platform”) is a Service offered by Companhia Brasileira de Metalurgia e Mineração (“CBMM”), a private legal entity, registered with the Ministry of Finance under CNPJ/MF no. 33.131.541/0001-08, with headquarters in the City of Araxá, State of Minas Gerais, at Córrego da Mata, s/nº, PO Box No. 08, CEP 38183-903 (and other companies of the CBMM group as identified here). These Terms of Use, together with the Privacy Policy, describe the terms and conditions applicable to the access and use, by user, of CBMM Platform.

BY CLICKING “I AGREE” OR NAVIGATING ON CBMM PLATFORM, YOU AGREE WITH THESE TERMS OF USE, AND THEIR PROVISIONS SHALL RULE THE RELATIONSHIP BETWEEN CBMM AND THE USER. SHOULD YOU NOT AGREE WITH ALL FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS CBMM PLATFORM FOR ANY REASON.

Whenever the terms “CBMM Platform”, “us” or “ours” are provided, they shall refer to CBMM. Likewise, whenever the terms “you” “user” or “your” are used, they shall refer to the user, an individual, who agrees with these Terms of Use to use and access the CBMM Platform. 

CBMM MAY CHANGE THESE TERMS OF USE AT ANY TIME AT ITS SOLE DISCRETION, UPON PUBLISHING THE UPDATED TERMS OF USE IN CBMM PLATFORM AND/OR THROUGH WARNING MADE AVAILABLE AT THE CBMM PLATFORM. The date of last review is included at the top of this page for your convenience. We recommend that you pay attention to new updates whenever accessing CBMM Platform, as the access and use of the Platform shall be immediately binding to any changes in these Terms of Use. The fact that you accept the terms or continue to use the CBMM Platform after its update shall be deemed as acceptance of the changes in these Terms of Use.

1. CBMM Platform


1.1 CBMM produces and distributes information content (researches, reports, newsletters etc.) about the company and the niobium market, which are distributed to its clients, individuals, who are interested in the access and use of such information. In order to accomplish its mission toward expanding the use of niobium technology, CBMM makes available to Users different information and educational content, including the access to scientific works archives on the use of niobium and niobium technology (Niobium Technical Library) (jointly, the “Services”).

1.1.1. The Niobium Technical Library may be accessed both by Users navigating on the site and by registered Users. Some exclusive contents such as cases and specific subjects regarding the use of niobium in the industry may only be accessed by registered Users, upon filling out a form available at the CBMM Platform and upon acceptance of our Terms of Use and our Privacy Policy

1.2. In order to use the CBMM Platform Services you must: (i) be eighteen (18) years of age or more or, if under age, be duly represented according to terms of applicable legislation; (ii) be able to execute a binding document with CBMM and not be prevented from doing so by applicable laws.

1.3. CBMM may carry out changes in the CBMM Platform and Services at any time. CBMM may also cease or restrict the use of the CBMM Platform for any reason and such reasons shall not require it to deliver any content to the User or indemnify such User.

2. Access equipment


2.1. User shall be fully responsible, with no exceptions, for the equipment (computer, smartphone, tablet) and programs (browser) necessary for to navigate at the CBMM Platform and the proper provision of all internet resources (as connection).

3. CBMM Platform Content


3.1. The purpose of the contents and Services available at the CBMM Platform is to provide general information and are offered exclusively “as is” and “as available”.

3.2. The information provided at the CBMM Platform might not be properly updated or complete. Moreover, CBMM does not perform any independent study regarding suitability and accuracy of such data. CBMM shall not be responsible for damages caused by eventual errors in content or failure of equipment.

4. Access and use of CBMM Platform


4.1. User registration

4.1.1. Prior registration is necessary for Users to enjoy the exclusive content of CBMM Platform, with information to access to CBMM Platform, such as User name (login) and password, as well as other additional information requested. Registration is made by filling out an online form available throughout the website.

4.1.2. You are responsible for keeping the confidentiality of your login and password, created upon registration on CBMM Platform. You may not provide your login and password to third parties, and you are solely responsible for all activities in your account. Therefore, be careful when using public and/or third parties computers and networks, whose security may not be reasonable and/or may record passwords automatically in the computers. You agree to immediately notify CBMM if suspicious of any non-authorized use of your login and password. CBMM shall not be responsible for any loss or damages arising out of non-authorized access or use of your account due to lack of care or negligence of User in regards to confidentiality of login and password. 

4.1.3. You also agree never to use the login and password of another User.

4.1.4. By using the CBMM Platform and its resources you warrant that: (a) all information and content sent to CBMM is true, accurate, updated and complete; (b) you will keep and immediately update such information and content to hold them true, accurate, updated and complete upon any changes in said information and content; (c) by using CBMM Platform you do not violate any applicable law or regulation; (d) you will respect the Intellectual Property Rights (as provided below) of CBMM and the authors of works available at the Niobium Technical Library, among others.

4.1.5. If User is aware or suspects that third parties had access to his login and/or password, or if there is any non-authorized use or access on this account at the CBMM Platform by third parties, User must immediately request the change of password on the CBMM Platform, through the option "Change Password” in the Menu “Settings”. 

4.1.6. If any information provided by User is false, incorrect, not updated or incomplete, or if CBMM suspects that such information is false, incorrect, not updated or incomplete, CBMM shall have the right to immediately suspend or cancel the User registration account, without any prior notification, and to refuse any use, present or future of the Service, or part thereof.

4.1.7. Each User may only keep one single registration on the CBMM Platform. If it is detected more than one registration related to the same person, one or all registrations may be suspended or canceled, at CBMM discretion.

4.1.8. If you have any reason to believe or suspect that any information we may have related to you is wrong or incomplete, we hereby ask you to contact us.

5. Intellectual Property Rights


5.1. CBMM, the content available at the CBMM Platform and at the Niobium Technical Platform and any other texts, graphics, images, photos, drawings, trademarks, commercial names, service marks, logos, information, source codes, layouts, domain names, software, know-how and other materials, information and documents (collectively “Content”) are protected by intellectual property rights (“Intellectual Property Right”). All Intellectual Property Rights within CBMM Platform is the property of CBMM, are licensed to CBMM or to our partners (as applicable) so that only CBMM has the right to use, exploit, reproduce, sell or license the Content to third parties. THE COMMERCIAL EXPLOITATION, TRANSMISSION, DISSEMINATION, CHANGE, REPRODUCTION, COPY OR ANY OTHER WAYS OF COMMERCIALLY USE THE CONTENT BY USERS IS STRICTLY PROHIBITED.

5.2. The reproduction, sale, distribution, redistribution, resale or creation of any derivative works of any Content in the CBMM Platform or in the Niobium Technical Library is prohibited, except upon prior written consent from CBMM or for exclusive personal use of User. Under no circumstances User shall obtain any Intellectual Property Right on said contents. If User is interested in any commercial use of the Content, User must contact us, requesting specific information and/or authorization. 

5.3. CBMM has and uses several terms, logos and designs to identify its Services. Several terms, logos and designs used by CBMM are trademarks registered at the National Institute of Industrial Property or with pending trademarks applications. The non-authorized use of any CBMM’s marks, logos and/or designs is prohibited is shall subject the User to penalties provided in international or national intellectual property laws or regulations (“Industrial Property Law”).

5.4. By accessing CBMM Platform, User represents it will comply with CBMM’s Intellectual Property Right as well as all rights related to third parties that eventually are, or were, somehow available at CBMM Platform and at the Niobium Technical Library. The simple access to CBMM Platform does not grant the User with any Intellectual Property Right present in CBMM Platform.

5.5. Notice related to violation of copyrights. CBMM believes in the efficiency of the system for the protection of intellectual property and the company is concerned with respecting the intellectual property of third parties. If, for any reason, you believe that a right is violated by the Content available or reproduced at the CBMM Platform, we request that you send us a message with detailed information that identify the Content and violated User copyrights by clicking here, so we can answer directly and solve the issue. 

5.5.1. The message must provide: (a) electronic or physical signature of the person authorized to act on behalf of the owner of rights; (b) description of Content protected by copyrights that allegedly were violated; (c) virtual address (URL) where the Content whose rights were allegedly violated; (d) your address, telephone number and email; (e) statement presenting your reasons to believe that the use is not authorized by the owner of rights or by law; and (f) your statement that the information on your notice is accurate and that you are the owner of the rights or authorized to act on behalf of the owner of the rights. 

5.5.2 By sending the notification, you acknowledge and agree that we may send and/or present the email for the author of the Content and holder of copyrights, in order to obtain additional information before deciding for the removal or maintenance of the material at the CBMM Platform.

5.5.3. The eventual removal of any content from CBMM Platform due to some claim or notification must always be understood as our intent to avoid any pendency regarding such subject and not as acknowledgement of any violation to third party’s rights.

5.6. The User may quote the Content in any scientific work, provided that (i) the User is the author of the scientific work and (ii) all credits are duly mentioned, including information on the author, the owner of the Intellectual Property Rights and the site where the material may be accessed.

5.7. Sending unrequested information. For the security of Users, CBMM does not accept or consider ideas, suggestions or creative materials, including among others, notes, drawings, concepts, comments, technical suggestions, information on know-how, advertising materials, video and other information ("Materials Sent") different from those specifically requested for the registration of Users in CBMM Platform. CBMM SHALL NOT BE RESPONSIBLE FOR THE USE OR DISSEMINATION OF ANY MATERIAL SENT AND YOU HEREBY ACKNOWLEDGE THAT NOTHING SHALL BE DUE TO THE USE OR DISSEMINATION OF SUCH MATERIALS SENT.

6. Dissemination of CBMM Platform


6.1. Should you wish to disseminate the CBMM Platform you must ensure that: (i) the look, position and other aspects of the CBMM Platform link ("Link") does not harm or diminish the reputation of CBMM’s names and brands; (ii) the look, position and other features of the Link does not create a false look and feel that an organization or entity is sponsored by, affiliated, supported or associated in any manner with CBMM; (iii) when selected by the User, the Link shows CBMM Platform in full screen and not in a page frame; and (v) CBMM reserves the right to revoke the authorization to use the Link at any time and at its sole discretion. The use or misuse of any logo, designs, images, pictures, slogans or trademarks from CBMM together with any external links is not allowed.

7. Use of Software


7.1. If CBMM make the software available to the User to access certain features, CBMM hereby grants to the User a personal, free, limited, temporary, worldwide, revocable, non-exclusive and non-transferable license to use the software in accordance with these Terms of Use. The User may not use nor allow the use of software for any other purpose than the expressly provided in these Terms of Use. The User may not copy, change, distribute, sell, lease, share or else grant, for any reason, the software.

8. CBMM’s Care with CBMM Platform


8.1. THE SERVICES ARE PROVIDED “AS IS”, WITH NO GUARANTEES OR CONDITIONS. CBMM makes no guarantees or representation that the operation of CBMM Platform is uninterrupted or error free. We may change, suspend or discontinue our Services offered at the CBMM Platform, as well as cancel any account at any moment and for whatever reason, with no indemnity rights to the User. 

8.2. CBMM seeks to ensure that the information provided is accurate, complete and updated and that its use is not interrupted or with errors. However, CBMM shall not be responsible for eventual inaccuracies, non-updates, imprecisions, or for interruptions or failure in CBMM Platform or in the Services arising out of the use of Internet. CBMM shall suspend the use and access to CBMM Platform in case of acts of God or force majeure, in case of cybernetic attacks and others that may harm the features of CBMM Platform and/or jeopardize User's information. 

8.2.1.CBMM shall not be responsible for any virus that may attack User's equipment due to the access, use or navigation in the Internet and arising out of data, files, images, texts or audio transfers.

8.3. Users Privacy CBMM policy includes the respect for Users’ privacy. For more information regarding the processing of User's personal data by CBMM, as well as about User's rights in that respect, please refer to the Privacy Policy. Such document shall be integral part of these Terms of Use and must be carefully read by all Users before the use of the CBMM Platform.

8.4. CBMM DOES NOT REQUEST PASSWORD, CREDIT CARD DATA OR OTHER BANK DATA FROM ITS CLIENTS BY EMAIL, TELEPHONE OR ANY OHER TYPE OF PERSONAL SERVICE CHANNEL. Therefore, should you receive any communication with such approach and content, do not answer it, dismiss it and if possible forward your report to us by clicking here. 

8.5. CBMM may make available links to third party’s sites.  These sites have not necessarily been reviewed by CBMM and are managed by third parties with no control or interference from CBMM. The use of such sites and their functionalities, as well as the hiring of any Service or product in third party’s sites is of your entire responsibility and you should be aware of the terms and conditions of use and the Privacy Policy of each site. 

8.5.1. Under no circumstances CBMM shall be responsible for links accessed by Users from CBMM Platform, as well as for acts from User that are based on information from these sites. CBMM is not responsible for the content or privacy policies and practices of these third party’s sites, nor for any third party policies and practices that direct Users to CBMM Platform.

8.6. TO THE EXTENT PERMITTED BY LAW, CBMM SHALL NOT BE RESPONSIBLE FOR ANY LOSS, INCLUDING AMONG OTHERS, ANY CLAIMS FOR MATERIAL, MORAL, AND CONSEQUENTIAL DAMAGES, DAMAGES TO IMAGE, LOSS OF PROFIT, AND ANY OTHER DAMAGES ARISING OUT OF THE ACCESS OR USE OF CBMM PLATFORM AND SERVICES. 

9. Prohibitions to Users


9.1. The following is prohibited to Users:

(a) violate any local government, national or international legislation;
(b) perform acts against good morals;
(c) impersonate any other individual;
(d) load, transmit, disseminate, sell, distribute, display, send or in any way make available any content that violates third party’s rights, including Intellectual property Rights (as provided below); 
(e) load, transmit, disseminate, display, send or in any way make available any content that may have viruses or any other code, file or computer program aimed at interrupting, destroying or limiting the functionalities of any software, hardware or equipment;
(f) threaten or coerce other Users; 
(g) violate the rights of confidentiality and privacy of third parties; and
(h) perform any acts that directly or indirectly, in whole or in part, may cause damages to CBMM, other Users or to any third party.

10. Indemnity


10.1. You agree to hold, indemnify, defend and keep CBMM and its respective officers, agents, partners and employees harmless of any damages, liabilities, legal suit or claim, including attorney’s fees, due to or arising out of the use of CBMM Platform, the Services or violation of these Terms of Use or of the Privacy Policy.

10.2. You also agree to hold harmless and indemnify, defend and keep CBMM and its respective officers, agents, partners and employees harmless of any damages, liabilities, legal suit or claim, including attorney’s fees, due to or arising out of failures in User’s equipment, as well as the misuse of information or materials from CBMM Platform and the Content from the Niobium Technical Library.

10.3. In case of any performance failure, error, omission, interruption, defect or delay in operation or transmission, computer virus or failure in line or of system, the Company and its representatives shall not be held liable, under no circumstances, even if CBMM has been warned of the possibility of such damages.

11. Communication


11.1. By accepting these Terms of Use, the User authorizes CBMM to contact him/her, as necessary in relation to the performance of Services, through any electronic means such as mobile telephony, SMS or text message, email as well as through clients’ Service and physical mail.

11.12. All notices to any party shall be in writing, through conventional or electronic mail (e-mail). CBMM may publish notifications or messages through CBMM Platform to inform the uses on changes in the CBMM Platform, these Terms of Use or in the Privacy Policy, among other relevant subjects.

12. Applicable Law


12.1.These Terms of Use, the Privacy Policy and the Services made available at the CBMM Platform shall be ruled by the laws of the Federative Republic of Brazil.

13. Miscellaneous


13.1. These terms shall remain in force and effect while: (a) the Services are available at CBMM Platform and were not replaced by other use terms; (b) the User accesses the CBMM Platform; and (c) the User is registered at the CBMM Platform. 

13.2. If you are a registered User, you may request the removal of your account and terminate your participation at any moment, regardless of the reason, by clicking here.

13.3. If any provision herein these Terms of Use becomes void or unenforceable, such provision shall be canceled at the other provisions shall remain.

13.4. The heading provided are only for reference and do not define, limit, determine the construction or describe the scope or extension of respective section.

13.5. CBMM’s omission regarding the failure of any User or others in complying with these Terms of Use shall not mean waiver of CBMM’s rights to act in regards to subsequent or similar failures.

13.6. The Terms of Use set forth the entire agreement and understanding between you and CBMM regarding the subject matter of these Terms of Use.

14. Doubts 

14.1. Should you have any questions or complaints related to these Terms of Use or related to the Privacy Policy, please contact us.