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Terms of service

FIOCRUZ HEALTH CHANNEL STREAMING PLATFORM - TERMS OF SERVICE

1. ACCEPTANCE

A. The Fiocruz Health Channel streaming platform is software licensed by the Oswaldo Cruz Foundation (Fiocruz), CNPJ: 33.781.055/0001-35, full address: Av. Brasil, 4365 - Manguinhos, CEP 21040-900 - Rio de Janeiro /RJ – Brazil. From this point onwards we will call the platform “SOFTWARE” . A Fundação Oswaldo Cruz is designated as CONTRACTOR in this term.

B. By using the “SOFTWARE” or any products derived therefrom - such as applications, websites, programs, data provision and services provided to you, from or through the “SOFTWARE” software, you signify your agreement to these terms and conditions ("Terms of Service"). If You do not agree with any of these Terms of Service, you should not use the “SOFTWARE” .

C. Although we strive to notify You whenever important changes are made to these Terms of Service, You should periodically re-read the most updated version of the Terms of Service on the “SOFTWARE” applications and websites . “ SOFTWARE” may, at its sole discretion, modify or revise these Terms of Service and its policies at any time, and You agree to comply with such modifications or revisions. Nothing in these Terms of Service will be deemed to grant any rights or benefits to any third party.

D. It is important to know that the content of the “SOFTWARE” is controlled and offered by the Fiocruz Canal Saúde Streaming Platform Web Service ( https://www.canalsaude.fiocrz.br ), which from this point on we will call “SERVICE ”. A CONTRACTOR does not guarantee that the content of the “SERVICE” is appropriate or available for use in locations other than Brazil. Persons accessing or using the “SOFTWARE” from other jurisdictions do so at their own risk and are responsible for compliance with regional/national laws.

E. Regarding the ability to accept the Terms of Service, You represent that you are over 18 years of age or an emancipated minor, or have legal authorization from a parent or guardian, and are fully capable of consenting to the terms, conditions, obligations, affirmations, representations and warranties described in these Terms of Service, and abide by and comply with them.

2. THE SERVICE

A. These Terms of Service apply to all users of the “SOFTWARE” . “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, podcasts, images, audiovisual combinations, interactive features and other materials that You may view or access on the “SERVICE” . The “SERVICE” includes all aspects of the “SOFTWARE” , including, but not limited to, all products, applications, websites, programs and services offered through the “SERVICE” .

B. The “SOFTWARE” and “SERVICE” may contain embedded links and content from third party websites that are not owned or controlled by the “SOFTWARE” and “SERVICE” . The “SOFTWARE” and “SERVICE” have no control over, and assume no responsibility for the content, privacy policies or practices of any third party websites. Furthermore, the “SOFTWARE” and “SERVICE” cannot and will not censor or edit the content of any third party website. By using the “SOFTWARE” and “SERVICE” , You expressly exempt the “SOFTWARE” and “SERVICE” from any and all liability arising from your use of any third party website.

C. Consequently, we advise You, when using the “SOFTWARE” and “SERVICE” , to read the terms and conditions and privacy policy of all other websites that You visit.

3. “SOFTWARE” ACCOUNTS

A. To access some of the features of the “SERVICE” , You will have to create an account on the “SOFTWARE” . You may never use another user's account without permission. When creating your account, You must provide accurate and complete data. You are solely responsible for the activity that occurs on your account, and you must keep your account password in a safe place. You must notify “SERVICE” immediately of any breach of security or unauthorized use of your account.

B. Although the CONTRACTED PARTY is not responsible for any loss caused to You by the unauthorized use of your account, You may be held responsible for the losses of the “SOFTWARE” or others arising from such unauthorized use.

4. GENERAL USE OF THE SERVICE – PERMISSIONS AND RESTRICTIONS

Hereby, the CONTRACTOR grants You permission to access and use the “SERVICE” as described in these Terms of Service, provided that:

A. You agree not to distribute to/by any means any part of the “SERVICE” or the Content without providing, visibly and expressly, the credits referring to the “SERVICE” or the Content used.

B. You agree not to change or modify any part of the “SERVICE ” .

C. You agree not to access the Content through any technology or other means other than the video viewing pages of the “SERVICE” itself , the “ Embeddable Player” or other expressly authorized means that the “SOFTWARE” may indicate.

D. You agree not to use the “SERVICE” for any of the following commercial uses, unless you obtain prior written approval from the CONTRACTOR :
- the sale of access to the “SERVICE” ;
- the sale of advertising, sponsorships or promotions linked to the “ SERVICE” or “ SOFTWARE” ; or
- the sale of advertising, sponsorships or promotions on any page or blog of an enabled advertisement or website containing Content delivered through the “SERVICE” .

E. Prohibited commercial uses do not include:
- Show videos from the “SERVICE” through " Embeddable Player" on a blog or website with advertising enabled, without prejudice to the restrictions on advertising established in Section 4.D;
or
- Any uses that the “SOFTWARE” or the “SERVICE” expressly authorize in writing.

F. If You use the “SERVICE” Embeddable Player on your website, You may not modify, expand or block any part or functionality of the Embeddable Player, including but not limited to the link to the “SERVICE” website .

G. You agree not to use or launch any automated system, including, but not limited to, "robots," " spiders " or "offline readers ," that access the "SERVICE" in order to send further request messages to the servers of the “SOFTWARE” in a given period of time than is humanly possible to respond in the same period through a conventional browser. Notwithstanding the foregoing, the “SERVICE” grants permission to operators of public search engines to use spiders to copy materials from the website for the sole purpose of and, solely to the extent necessary, to create and make available public indices of searchable materials , but not caches or archives of such materials. The “SERVICE” reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal information, including “SOFTWARE” account names , nor to use the communication systems provided by “SOFTWARE” (e.g. comments, email) for commercial solicitation purposes.

H. When using the “SOFTWARE” and the “SERVICE” , You must comply with all applicable laws and regulations, whether regional, national or international.

I. THE “SOFTWARE” reserves the right to discontinue any aspect of the “SERVICE” at any time.

5. USE OF CONTENT

In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to your use of the Content.

A. The Content of the “SERVICE” and the trademarks, service marks and logos (“Marks”) made available on the “SERVICE” are licensed to the “SOFTWARE” , subject to copyright and other intellectual property rights under the terms of law.

B. Content is provided to You AS IS. You may access the Content for your information and personal use solely within the functionality provided by the “SOFTWARE” and as permitted in these Terms of Service. You may download any content when there is a “download” feature displayed by the “SOFTWARE” for that Content. You may download, copy, reproduce, distribute, transmit and display any Content for any non-commercial purposes without the prior written consent of the “SERVICE” or the licensors of the respective Content. You may not distribute, sell, license or exploit any Content for any commercial or profit-making purposes without the prior written consent of the “SERVICE” or the licensors of the respective Content. The “SOFTWARE” and its licensors reserve all rights not expressly granted in the “SERVICE” and to the Content.

C. You agree not to circumvent, disable or in any way interfere with security-related features of the “SERVICE” or features that prevent or restrict the use or copying of any Content or impose limitations on the use of the “SERVICE” or your Content.

D. You understand that when using the “SERVICE” , You will be exposed to Content from various sources, and that the “SOFTWARE” is not responsible for the accuracy, usefulness, security or intellectual property of or related to such Content. You understand and agree that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, as a matter of fact, any legal or equitable right or compensation, present or future, against the “SERVICE” in relation to these matters and, to the extent permitted by law, agree to indemnify and hold harmless the “SERVICE” , its Owners, Operators, affiliates, licensors and licensees, to the maximum extent permitted by law, in relation to all matters relating to the use of the “SOFTWARE” and the “SERVICE” .

6. ACCOUNT CANCELLATION POLICY

A. The CONTRACTED PARTY will cancel the User's access to the “SOFTWARE” and the “SERVICE” if, under appropriate circumstances, the user proves to be a persistent offender. A repeat offender is a User who has been notified of their infringing activity more than twice.

7. MILLENIUM LAW (MILLENIUM ACT) OF DIGITAL AUTHORITY

A. Notice. If You are a copyright owner or an agent of a copyright owner and believe that any Content infringes upon Your copyright, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing CONTRACTOR the following information in writing:

- Physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are included in a single notification, submit a representative list of such works at that site;
- 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, with information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as address, telephone number and, if possible, email address;
- A statement that You have 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; It is
- A statement that the information in the notification is accurate and, under penalty of applicable law, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

You can send DMCA violation notifications to canal@fiocruz.br . You acknowledge that, in the event that you do not comply with all the requirements described in this Section 7.A, your information regarding the DMCA and/or other applicable laws may not be accepted.

B. Counter-Notice . If You believe that Your Content was removed (or access to which was disabled) is not infringing, or that You have authorization from the copyright owner, the owner's agent, or under the law to submit and use the Content, You may submit a counter notification to the email canal@fiocruz.br containing the following information:
- Physical or electronic signature;
- Identification of the Content that was removed or access to which was disabled and the location where the Content appeared before it was removed or disabled;
- Statement that You have a good faith belief that the Content was removed or disabled as a result of a mistake or misinterpretation of the Content; It is
- Name, address, telephone number and email address, declaration that you submit to the current jurisdiction and declaration that you will receive service of process from the person who provided notification of the alleged infringement.

If the CONTRACTOR receives a counter-notification , the CONTRACTOR may send a copy of the counter-notification to the original complainant informing that the removed Content can be replaced in the “SERVICE” or access reactivated within 10 business days. If the copyright owner does not file an action seeking a court order against the service provider, member or user, the removed Content may be reposted, or access to it restored, 10 to 14 business days or more after receipt of the counter-notice , at the sole discretion of the CONTRACTED PARTY .

8. WAIVER
You agree that your use of the Service will be at your sole risk and expense, to the fullest extent permitted by law. The contractor , its directors, coordinators, employees and representatives deny any responsibility, express or implied, related to the “SOFTWARE” and the “SERVICE” and their use by you. The contractor does not guarantee or be responsible for the accuracy or completeness of the content of the “SOFTWARE” or the content of any website linked to the “SERVICE” , and does not assume any obligation or responsibility for any (i) errors, mistakes or inaccuracies in content, ( ii ) personal or material damages, of any nature, resulting from your access and use of the “SOFTWARE” and the “SERVICE” , ( iii ) any access to or use of protected servers and/or any and all personal information and/or stored therein that have not been authorized, ( iv ) any interruption or cessation of transmission to and from the “SOFTWARE” and the “ SERVICE ” , ( iv ) any bugs, viruses, Trojan horses or the like that may be transmitted to or through the “SOFTWARE” and the “SERVICE” by any third party, and/or (v) any errors or omissions in any content or any loss or damage of any nature suffered as a result of the use of any content or email sent , transmitted or otherwise made available through the “SOFTWARE” and the “SERVICE” . The CONTRACTOR does not guarantee, endorse, defend or assume responsibility for any product or service advertised or offered by third parties through the “SOFTWARE” , the “ SERVICE ” or any hyperlink of the “SOFTWARE” and “ SERVICE ” , or displayed in any banner or other type of advertising, and the contractor will not participate in or be in any way responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service by any means or in any environment, you should use common sense and exercise caution whenever necessary.

9. LIMITATION OF LIABILITY

Under no circumstances will the contractor, its directors, coordinators, employees or representatives be held liable for any direct, indirect, incidental, special, punitive or unforeseen damages resulting from any (i) errors, mistakes or inaccuracy of content, ( ii ) personal damages or materials, of any nature, resulting from your access to and use of the “SOFTWARE” and “SERVICES”, ( iii ) any access to or use of protected servers and/or any and all personal and/or financial information stored there that does not have been authorized, ( iv ) any interruption or cessation of transmission to or from the “SOFTWARE” and the “SERVICE”, ( iv ) any bug, virus, Trojan horses or the like that may be transmitted to or through the “SOFTWARE ” and the “SERVICE” by any third party, and/or (v) any errors or omissions in any content or any loss or damage of any nature suffered as a result of the use of any content or email sent, transmitted or otherwise made available through the “SOFTWARE” and the “SERVICE”, whether due to liability, contract, offense or any other legal hypothesis, and regardless of whether the company is advised of the possibility of such damages. The above limitation of liability will apply to the fullest extent permitted by law in the competent jurisdiction.

You specifically acknowledge that the contractor will not be responsible for the defamatory, offensive or illegal content or conduct of any third party and that the risk of loss or damage resulting therefrom rests entirely with you.

10. INDEMNIFICATION

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless the CONTRACTED PARTY , its controlling company, its directors, coordinators, employees and representatives from any and all lawsuits, damages, obligations, losses, costs or debts (including, but not limited to, be limited to legal fees) arising from: (I) use of and access to the “SERVICE”; (II) violation of any provision of these Terms of Service; (III) violation of any third party right, including, but not limited to, copyright, property or privacy rights; or (IV) any claim that any Content caused harm to a third party. Such defense and indemnification obligation will survive these Terms of Service and the use of the “SOFTWARE” and the “SERVICE” .

11. ASSIGNMENT

These Terms of Service and any rights and licenses granted hereunder cannot be transferred or assigned by You , but may be transferred by the CONTRACTOR without any restriction.

12. GENERAL PROVISIONS

You agree that: (I) the headquarters of the “SERVICE” will be considered exclusively as that located at the CONTRACTED PARTY’s address ; and (II) the “SOFTWARE” will be considered passive software that does not give rise to personal jurisdiction over the “CONTRACTOR” , whether specific or general, in any forum other than that of the CONTRACTED PARTY . These Terms of Service will be governed by the internal laws of the State of CONTRACTOR , regardless of the principles of conflicts of laws. Any claim or controversy between You and the “SERVICE” that arises in whole or in part from the “SERVICE” will be settled exclusively by a competent court. These Terms of Service and any other legal notices published by the CONTRACTED PARTY in the “SOFTWARE” and “SERVICE” form part of the contract between You and the CONTRACTOR in relation to the “SERVICE” . If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The waiver of any term of these Terms of Service will not be considered a further or continuing waiver of that or any other term, and the CONTRACTOR 's failure to enforce any right or provision under these Terms of Service will not constitute a waiver of such term. right or clause. The CONTRACTED PARTY reserves the right to change these Terms of Service at any time and without notice, and it is your responsibility to re-read these Terms of Service to check for any changes. The use of the “SOFTWARE” and the “SERVICE” by You after any amendment to the Terms of Service will imply consent and acceptance of the amended terms. You and the contractor agree that any legal action arising out of or related to the “SOFTWARE” and the “SERVICE” must be commenced within one (1) year after the cause of action arises. Otherwise, the law will prescribe.

For clarification purposes, suggestions, comments, requests for technical support and other matters should be sent to customer service at CONTRACTED by email canal@fiocruz.br .

Date of last change to the Terms of Service: 06/07/2024.

Privacy policy

This privacy policy describes how the FIOCRUZ CANAL SAÚDE STREAMING PLATFORM collects , uses and shares information about you. From this point on, we will call the FIOCRUZ HEALTH CHANNEL STREAMING PLATFORM simply “PLATFORM”.

This policy applies to the information we collect when you register an account with PLATFORMA, access or use our website, download our software through our website or applications available on cell phones and Smart TVs or use any services made available by us (“Services”), or when you otherwise interact with us.

This policy does not apply under any circumstances to information collected by third parties registered with the PLATFORM.

We reserve the right to periodically make changes to this Privacy Policy. When we make such changes, we will post the latest version on our website with the last updated date. We recommend that you access our website from time to time in order to stay informed about our Privacy Policy.

1. PRIVACY PROTECTION
PLATAFORMA works respecting the need to protect your personal information. PLATAFORMA will not provide, publish, reveal, sell or transmit in any way the information collected about you in violation of this Privacy Policy.

2. INFORMATION YOU PROVIDE TO US
We collect information that you send us, for example, that sent when you register an account with the PLATFORM, namely, basic user data, such as name, email, address, telephone numbers, photograph, date of birthday, contact details and location information.

3. INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES
We automatically collect certain information when you use our Services, including:

Location and Access Information. When you open the application, we periodically receive analytical information about location, date and time, screens accessed, geolocation, IP addresses and any other information that can be used to improve the Services.

Devices. We store information related to the device used to access the Services, as well as the version of the operating system used, serial number, network and iteration flow until payment.

Detection of other Software . Our systems may also detect other software running on the device used, although we do not collect information related to these, such as misuse prevention and anti -fraud devices.

Cookies and Web Beacons. We use various technologies to collect information, and this may include sending cookies to your browser. Cookies are files stored on your computer that serve, among other functions, to store your preferences and identity. We also collect information using web beacons, which are packets of information that can be used in our Services. We may use web beacons to count visits, understand and evaluate the performance of marketing campaigns, and determine whether or not you opened an email sent.

4. INFORMATION COLLECTED FROM OTHER SOURCES
We may also collect information about you from third parties, including, but not limited to, identity verification services and public information sources.

5. INFORMATION COLLECTED FROM MARKETING TOOLS
We may authorize third parties to collect information for the purposes of promoting and advertising our Services and to provide us with analytical information. These third parties may use cookies, web beacons, APIs and other technologies to collect information such as location, IP address, device numbers, date and time of access, pages or screens visited, time spent during access, buttons and links clicked and conversion information. This information may be used by PLATFORMA or strategic partners to analyze and determine the success of a streaming transmission, the usability of a page and user understanding. PLATAFORMA will not be responsible for cookies, web beacons or other tracking technologies, so we recommend that you check the privacy policies of these third parties.

6. DATA DELETION
On PLATFORMA, you can request the deletion of your account and all your registered information. The action of deleting the user's account on the platform consists of eliminating all access data, consumption histories and other information registered by the user on the platform. After your confirmation of deletion, all this data cannot be recovered. To delete your account, you must access the WEB environment, log in to your account, look for the “My Account” option in the upper right corner and at the end of the editing page click on “Delete registration”. A confirmation screen will be displayed as security and an opportunity to regret the decision. If the deletion operation is confirmed, it is irreversible. In this act, all data relating to your account registered on the platform will be automatically and irreversibly deleted.

7 . THE USER'S EXPRESS CONSENT TO THE PROCESSING OF PERSONAL DATA

7.1 . You declare, for all factual and legal purposes, your express consent to the processing of personal data by PLATAFORMA, as expressly provided for in articles 7, item I, and 8, §§ 1 and 3, of Federal Law No. 13,709 , of August 14, 2018, without any breach of consent.

7.2 . In strict accordance with the provisions of articles 8, § 4; and 9th, of Federal Law No. 13,709, of August 14, 2018, your consent granted to PLATFORMA refers to the determined purposes: user access control, user connection, recording browsing history and other purposes listed in items 2 to 5 of this Policy.

8 . THE USER'S EXPRESS DECLARATION REGARDING THE INTERNATIONAL TRANSFER OF PERSONAL DATA:

PLATFORMA expressly declares, for all purposes of fact and law, full compliance with the provisions of articles 33 to 36, of Federal Law No. 13,709, of August 14, 2018, with regard to the international transfer of personal data, by complete proof through all physical and electronic means permitted by law.

If you have any questions about the provisions of these terms or other related documents, do not hesitate to contact us.

Email: canal@fiocruz.br
Telephones: +55 (21) 3194-7700 / 0800 701 8122

Canal Saúde/ Oswaldo Cruz Foundation (Fiocruz)
Av. Brasil, 4365 - Manguinhos,
CEP 21040-900 - Rio de Janeiro/RJ – Brazil
CNPJ: 33.781.055/0001-35

Date of last change to the Privacy Policy: 06/07/2024.