Purpose and Content
1) These TOU will be permanently available on this PORTAL, on all pages and websites maintained by Braskem, starting with the homepage, available at http://www.braskem.com.br . The pages maintained by Braskem are identifiable by the address http://www.braskem.com.br .
2) Given the constantly changing situation of relations on the Internet and their consequences, you hereby agree that Braskem may change these TOU and the SERVICES and facilities available herein ("SERVICES") without notice to you, and that those changes will become applicable from the date of posting on this PORTAL.
3) The PORTAL may request information from you through forms, "cookies," or otherwise. You guarantee that the information you provide will be true, accurate, current and complete, and are responsible for keeping them that way.
5) You acknowledge that the SERVICES the PORTAL offers have been adequately described in the pages maintained by Braskem, and that Braskem has complied with the duty of information that was expected in the circumstances
6) You acknowledge that Braskem is not responsible for the use of the SERVICES chosen by you, or which you were advised to use, or any results you expect to achieve through the use of the SERVICES, including the purchase of any goods or benefits ("PRODUCTS") from the use of SERVICES.
7) Braskem hereby undertakes to use its best efforts to ensure the security, continuous availability and quality of information transmitted through the SERVICES provided. You acknowledge that Braskem will not be held responsible in any way for any cause beyond its best efforts to ensure the completeness, timeliness and accuracy of such information at a reasonable cost.
8) You understand that, due to the inherent characteristics of the Internet, Braskem cannot guarantee that access to the PORTAL and its SERVICES will be free of problems caused by fortuitous events, internal or external, force majeure or other situations that are beyond Braskem's control. Under these conditions, you agree to hold Braskem harmless in any legal proceedings involving you and/or third parties relating to interruption of service, interception, hacking, graffiti, viruses, and other unlawful acts.
9) You acknowledge that the SERVICES and any texts, audio, images or software ("CONTENT") published on pages maintained by Braskem are protected by intellectual property rights ("INTELLECTUAL PROPERTY"), including, but not limited to, copyright (moral and economic), trademark rights, patents, trade names, domain names, titles of establishment and trade secrets.
10) Braskem authorizes you to use the CONTENT solely for the purpose of using SERVICES on a non-exclusive basis and only while visiting the PORTAL. Such authorization shall not be construed as a license or assignment under the terms provided by law.
11) The PORTAL may contain works of intellectual property owned by third parties that have licensed their availability in the PORTAL, in which case Braskem is not authorized by them to assign or license their use. Therefore, you must seek approval from those parties before using their intellectual property for any purpose. When in doubt, check with Braskem first through the "Contact Us" channel available on the PORTAL.
12) You agree not to reproduce, modify, reverse engineer, compile, decompile, transmit, publish, sublicense, permit, license, rent, sell and/or distribute, or otherwise employ any means that is not allowed in these TOU to use or transfer, in whole or in part, any content directly or indirectly related to these TOU without Braskem's prior express written permission.
13) You will be held solely and fully responsible for any loss or damage caused directly or indirectly to third parties due to your breach of intellectual property rights or obligations under the terms of paragraphs 9, 10, 11 and 12 above, and keep Braskem harmless from any claims relating to INTELLECTUAL PROPERTY and the like.
14) If Braskem should develop customized pages for you or your company or institution, the intellectual property of such pages will belong exclusively to Braskem. However, the Company does not undertake any commitment regarding the maintenance of the pages furnished by Braskem, which is the sole responsibility of the users of this option.
16) Braskem may offer self-service to guide users of this PORTAL. This SERVICE will be permanently available. However, Braskem does not guarantee uninterrupted availability. This SERVICE is limited to basic information, not including guidelines about pages not maintained by Braskem or for the use of IT resources purchased or obtained by you or your company or institution.
17) You hereby acknowledge that if the Braskem PORTAL provides the option of downloading documents of interest, you must not use such documents in any other media, except for the hard drive of the computer where you have downloaded it. Any exceptions to this rule must be expressly stated in the PORTAL, or be subject to specific approval in writing by Braskem.
18) In restricted areas, you shall observe the rules on internal access set by your company or institution and communicated by them to Braskem. If you are the System Administrator of your company or institution, you must follow the specific regulations communicated in writing by Braskem to you or the management of your company or institution.
19) The PORTAL may contain links to websites of banks, credit-card companies or other financial intermediaries, for the purpose of payment for financial or commercial transactions and other purposes, as well as online banking services. The PORTAL will not be responsible for the SERVICES offered by such intermediaries, which should be considered to be directly purchased by you or your company or institution. The same shall apply to any links on the PORTAL to any associations or entities, private or governmental, or to any companies in the areas of logistics, insurance, event management, travel, transportation, or others.
20) The PORTAL will provide news, articles or editorials compiled or written by other parties. The PORTAL is not responsible for the accuracy, source or authorship of such materials.
21) If you or your company or institution provide any information on the PORTAL to use its products or services, including price lists, freight charges, technical specifications, transportation routes, availability of insurance or guarantees, or any other information, you and your company or institution will be solely responsible for its accuracy and updating.
22) The PORTAL may send you emails and an e-Magazine. You must be registered if you want to receive them, and send a written request to be excluded from the mailing list if you no longer want to receive them.
23) Information on Braskem is available on the PORTAL for different audiences, depending on their nature, and is intended for shareholders or investors, suppliers, clients, or other stakeholders in general. Access is restricted in some areas of the site. To access those areas, you must have a user name ("LOGIN") and password ("PASSWORD"), which are both personal and confidential. You are solely responsible for keeping them that way, and assume all liability for their misuse or giving others access to them.
25) The PORTAL may be accessed by means of access services provided directly by Braskem, Braskem sub-contractors or the companies that use that PORTAL.
26) The rules contained in these TOU may be supplemented by specific rules published in other parts of the PORTAL for reasons of relevance and specificity in relation to public needs or interests.
27) The PORTAL may publish technical reports issued by third parties related to its products or services and, if so, you should consider that such a submission will be passive and is merely institutional in nature, and not intended for advertising, publicity or commercial purposes. Such reports should also be considered relevant to the sample submitted to the issuers thereof, and are not presented with the implied purpose of referring to any other samples.
28) You will be responsible for providing any technical specifications, including product codes, if you want to obtain any comparative information from Braskem on Braskem products or services through this PORTAL.
29) Tolerance of your non-compliance with any duties set forth in these TOU or applicable law does not imply a waiver of Braskem's exercise of its rights. Permission to access the PORTAL presupposes that you will also act in good faith and observe the ethics and morality recognized on the Internet. In case of violations of the duties mentioned in this item, Braskem may suspend your access to the PORTAL at any time without prior notice.
30) Any TOU violation by you may result in Braskem's request for the competent authorities to take appropriate action and, additionally, Braskem or any third party involved may also seek compensation for any loss or damage.
31) You hereby acknowledge that Braskem may, at any time, restrict access to any part of the PORTAL, suspend or terminate the provision of any SERVICE, determine whether a SERVICE should be paid for, or change the terms of these TOU at its sole discretion. Braskem will provide advance notice on this PORTAL whenever possible.
32) You acknowledge that Braskem does not have the duty, financial responsibility or obligation to monitor the pages that are not maintained by the Company, including links, frames, metatags or keying, and is not responsible for the related content or activities.
33) You acknowledge that electronic messages and files can be used as evidence, for all intents and purposes, when IT resources are used to provide forensic evidence.
34) You agree not to register any domain names containing Braskem brands or the brands of the Company's products or services on the Internet in Brazil or other countries.
35) You agree to respect the brands of Braskem and its products and services in all circumstances, and must not, under any circumstances, use them without Braskem's express written permission or engage in acts that may tarnish or dilute those brands.
36) With respect to links, obtaining prior written permission from Braskem is essential, and the following additional conditions must also be met: (a) the link may only allow access to PORTAL pages, and may not lead to mirror sites, (b) the only links allowed are those leading to the PORTAL's homepage; (c) the creation of browsers or border environments on PORTAL pages is prohibited; (d) it must not be stated or implied that Braskem supervises or otherwise assumes responsibility for the content or services offered or made available on the page where the link to the PORTAL is included; (e) except for those signs or symbols that are part of the link, the page on which the link is included cannot contain any trademark, trade name, title of establishment, denomination, logo, slogan or other distinctive signs or symbols belonging or relating to Braskem; (f) the page where the link is included must not contain illegal information or content, contrary to generally accepted morals and, in particular, acceptable standards of behavior on the Internet, and must not contain any content that infringes the rights of others or violates the public order. The inclusion of a link does not in any way imply the existence of commercial or legal-contractual ties or relations between Braskem and the owner of the page where the link is included, nor does it signify Braskem's acceptance and/or approval of its contents or services.
37) With respect to frames, you shall observe the same rules set forth in the previous section on links. It should be clear to visitors to the page that a frame is included, and that the frame is not part of the original page.
38) In terms of keying and metatags, you must obtain prior written consent from Braskem before making contact with Internet search engines and/or advertisers.
39) The scope of guarantees and responsibilities set forth in these TOU represents an essential condition for access by you to the PORTAL and SERVICES, and Braskem should be considered exempt from any liabilities and obligations if that scope is overlooked or ignored for whatever reason. In the event of any inconsistency between the information and data contained in the PORTAL and other Braskem communications or systems, the latter shall prevail.
40) These TOU shall be governed exclusively by the Brazilian law, and any disputes arising from these TOU that cannot be amicably resolved between you and the Company and are taken to court must be settled in the Court of the District of São Paulo - SP, with express waiver of any other jurisdiction, even if your home, company or institution is located in another country.