For the purposes of these General Conditions, all words or expressions contained in the list below shall be interpreted according to their determined meaning.

The SUBSCRIBER: the ELEFANTE LETRADO offers a LICENSEE regime, which in turn registers with the ELEFANTE LETRADO and contracts services, content and facilities.

The LICENSEE described above will be subject to the General Conditions for Use of the Elefante Letrado Reading Platform.

Additionally, all words or expressions contained in the list below must be interpreted under these General Conditions, according to their respective meaning:
“Elefante Letrado Reading Platform” means a virtual library, which provides online access to the collection of diverse works in a controlled access environment licensed by ELEFANTE LETRADO, without the possibility of downloading materials. The Elefante Letrado Reading Platform is a series of leveled books and controlled activities, with the objective of stimulating the development of reading habits and reading comprehension skills.

“Elefante Letrado’s Site” is the online platform through which LICENSEE will have access to the contracted Elefante Letrado Reading Platform.

“Technical Support” means the provision of technical support services by telephone, email, e-chat, exclusively to LICENSEES of the Elefante Letrado Reading Platform.

“Users” are individuals navigating Elefante Letrado’s Website and have not registered for any of the services made available on the platform.

"Service Plan" refers to the types of plans offered to the SUBSCRIBER, including exact details of the content that will be made available, as well as the number of users that will have access to the "Elefante Letrado Reading Platform".
 

2.1. These General Conditions regulate the provision and use of the Elefante Letrado Reading Platform by the LICENSEE by ELEFANTE LETRADO or authorized third parties.
2.1.1. By contracting the Elefante Letrado Reading Platform, ELEFANTE LETRADO guarantees the LICENSEE the right to online consultation of the collection of various works in text and/or audio format, in an environment providing controlled and licensed access, without the possibility of downloading, which will be made available to the LICENSEE. All other rights remain reserved to ELEFANTE LETRADO.
2.1.2. The LICENSEE will be able to access the Elefante Letrado Reading Platform through computers and/or tablets, and it may eventually be possible to download an application.
2.1.2.1. To access the Elefante Letrado Reading Platform, the LICENSEE must have an Internet connection.
2.1.3.  All access carried out by the LICENSEE is protected, and the content of the collection can only be accessed by the LICENSEE while the contractual period is in force.
2.1.4.  RIGHT OF ACCESS TO THE ELEFANTE LETRADO READING PLATFORM IS
PERSONAL AND NON-TRANSFERABLE, AND LICENSEES ARE NOT GRANTED
ANY TYPE OF OWNERSHIP OVER THE COLLECTION. FURTHERMORE, LICENSEES ARE EXPRESSLY PROHIBITED FROM USING THE CONTENT AVAILABLE IN THE COLLECTION FOR COMMERCIAL PURPOSES, AS WELL AS DISSEMINATING SUCH MATERIALS AMONG THE GENERAL PUBLIC.
2.2.     For contractual reasons, some works made available in the collection may occasionally be discontinued and/or replaced, and the presentation and configuration of the Elefante Letrado Reading Platform altered, regardless of whether advance notice is provided by the ELEFANTE LETRADO.
2.3.     By acquiring the license to the Elefante Letrado Reading Platform, the LICENSEE may enjoy the collection’s complete content, respecting purchasing conditions related to the licensed period of use.
2.3.1.  Cancellation of the usage license agreement will be permitted if such a request occurs within 7 (seven) days of purchase of the respective usage license. In this case, amounts that come to be paid through means of a bank-issued voucher (Bank payment slip) will be canceled or purchases made by credit card will be reversed.
2.4.     Step-by-step instructions for accessing the Elefante Letrado Reading Platform, as well as its characteristics, are available on Elefante Letrado’s webpage.
2.5.     In order to regulate operation of the Elefante Letrado Reading Platform, the LICENSEE must comply with the minimum requirements highlighted below.

Personal computers:

1. Internet connection: broadband cable or ADSL connection (minimum 1MB)
2. Processor: 1.5 GHZ
3. Audio Components: Headset or speaker
4. Monitor resolution: Minimum 1024 x 768 pixels.
5. Internet Browser: Google Chrome 36+; Mozilla Firefox 31+; and/or Safari 8+.
6. Browser cookies may be enabled to facilitate navigation of Elefante Letrado’s Portal.

Macintosh requirements:

1. Mac OSX 10.4 or above.
2. Safari 7+
3. G3 or above, Mac OSX with a compatible processor.
4. 256MB RAM
5. 16-bit sound card
6. Speakers or headphones

Tablets:

1. iOS or Android – Safari or Chrome browsers must be used. The use of latest versions is recommended.

3.1. When registering and contracting the Elefante Letrado Reading Platform, new LICENSEEs will create a user profile (username) and an access password, which will be their identification with ELEFANTE for use of the Elefante Letrado Reading Platform.
3.2. LICENSEE user profiles must not contain words, expressions or graphic-denominational series that have been previously chosen by another LICENSEE or that are otherwise malicious, injurious, coincide with trademarks, company trade names, establishment labels, advertising expressions, names, and pseudonyms of persons of public relevance, celebrities or registered by third parties, whose use is not authorized and, in general, contrary to the law or the requirements of moral behavior and generally accepted customs.
3.3. The LICENSEE shall seek to inform ELEFANTE LETRADO of the loss, misplacement, or theft of access passwords immediately upon becoming aware of such a fact.
3.4. THE LICENSEE SHALL BE LIABLE FOR EXPENSES OR LOSSES INCURRED BY ELEFANTE DUE TO THE POSSIBLE USE OF ACCESS PASSWORDS BY THIRD PARTIES UP UNTIL THE MOMENT AT WHICH THEY ARE EFFECTIVELY INFORMED OF SUCH AN OCCURRENCE. ELEFANTE LETRADO WILL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM SUCH OCCURRENCES UNTIL IT IS INFORMED BY THE SUBSCRIBER OF THE LOSS, MISPLACEMENT, OR THEFT OF ACCESS PASSWORDS.
 

The LICENSEE's obligations, among others provided for in these General Conditions, are listed below:

4.1. Provide payment of amounts owed due to contracting of the license to use the Elefante Letrado Reading Platform for the contracted period.
4.2. Maintain the equipment necessary for accessing the Internet in conditions of use, taking all necessary security measures to protect equipment, systems and files against improper actions and unauthorized invasions by other Internet users.
4.2.1. The LICENSEE is also responsible for providing payment for the data and Internet package used to access the Elefante Letrado Reading Platform to be contracted directly with the telecommunications services concessionaire of its choice.
4.3. LICENSEEs shall seek to restrict their use of the Elefante Letrado Reading Platform to private and non-commercial purposes and shall seek to refrain from reproducing, recording, retransmitting, redistributing, disseminating, selling, renting, leasing, transmitting, publicly disclosing, adapting, sublicensing or circulating any content received and/or accessed through the Elefante Letrado Reading Platform (including, without limitation, the content of works) to any third party.
4.4. The LICENSEE may not use the Elefante Letrado Reading Platform to: (a) instigate, threaten, offend, negatively affect the image or invade the privacy of or otherwise harm other members of the Internet community; (b) attempt to obtain illegal access to databases held by the Elefante Letrado Reading Platform and/or third parties; (c) change and/or copy files or obtain passwords and data from third parties without prior authorization; (d) send collective email messages (spam emails) to groups of users of the platform or other providers, offering products or services of any nature, whether owned by the Licensee or others, that are not of interest to the recipients or that have not provided express consent; (e) send email messages through ELEFANTE LETRADO’s SMTP email server(s) in order to compromise its normal performance, or in a manner that conflicts with the Elefante Letrado Reading Platform’s policy for the use of such platforms; and (f) disrespect the law, morals, good customs, copyright rules and/or industrial property, the rights to honor, private life, image, personal and family privacy. Finally, the LICENSEE shall seek to observe the ethical and moral standards in force on the Internet and the national and international laws applicable to such usage.
4.5. The LICENSEE may not use the Elefante Letrado Reading Platform to propagate or maintain a portal or website(s) on the Internet with content that (a) violates the law, morals, good customs, intellectual property, the rights to honor, private life, image, personal and family privacy; (b) encourages the practice of illegal conduct or acts contrary to morals and good customs; (c) incites the practice of discriminatory acts, whether on the grounds of gender, race, religion, beliefs, age or any other condition; (d) make available or enable access to illicit, violent, pornographic, degrading messages, products or services; (e) induce or may induce an unacceptable state of anxiety or fear; (f) induce or incite dangerous, risky practices or acts that are harmful to health and psychological balance; (g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a manner that may mislead with regards to their purpose or the consumer’s intentions or purposes; (h) violate the secrecy of communications; (i) constitute illicit, misleading or extemporaneous advertising unfair, in general, which constitute an antitrust violation; (j) convey, incite or encourage pedophilia; (k) incorporate viruses, spam or other physical or electronic elements that may damage or prevent the normal functioning of the network, system or computer equipment (hardware and software) used by third parties or that may damage the electronic documents and files stored in this computer equipment.
4.6. Observe the provisions contained in these General Conditions, under penalty of ELEFANTE LETRADO, in its sole discretion, whenever detecting conduct and/or method that violate these Conditions, choosing to terminate the Agreement, temporarily interrupt services  and/or notify the LICENSEE to remedy, correct or regularize the respective situation.
4.7. The LICENSEE hereby assumes all encumbrances and liabilities arising from their acts and conduct as a user of the Internet network and LICENSEE of the Elefante Letrado Reading Platform, as for acts performed by third parties  on the LICENSEE’s behalf, through the use of their username and access password. The LICENSEE SHALL SEEK TO INDEMNIFY ELEFANTE LETRADO for any costs, damages and losses arising from acts or omissions that violate legal provisions and these General Conditions and Legal Notice provided on the Elefante Letrado Reading Platform, which are available on Elefante Letrado’s home page.
4.8.  The LICENSEE is responsible for safekeeping of their user profile and access password, and must protect themselves against loss or improper disclosure. The LICENSEE is responsible for any damages caused by misuse of their user profile, as well as misuse of the Elefante Letrado Reading Platform contracted herein.
4.9. User profiles and access passwords are private to the LICENSEE, and LICENSEEs are responsible for use of such profiles both itself and on the part of third parties. LICENSEEs are obligated to honor all financial and/or legal commitments resulting from use of such user profiles and may not assign such usage.
4.10. The parents or legal representatives of minors will be liable for the acts practiced by such individuals in the use of the Elefante Letrado Reading Platform subject to this Agreement, including any damages caused to third parties, practices of acts prohibited under law and the provisions of these General Conditions.
4.11. The LICENSEE shall seek to provide veracious, accurate, current and complete information about itself upon registration. The provision of untrue information is considered ideological falsehood that renders any legal connections between the parties of no effect and extinct, without prior notice. In such cases, ELEFANTE LETRADO is authorized to block the LICENSEE’s access to the platform.
 

5.1. ELEFANTE LETRADO shall provide the Elefante Letrado Reading Platform contracted by the LICENSEE, under the terms of these General Conditions and the modality contracted by the LICENSEE. Use of the Elefante Letrado Reading Platform may be interrupted due to: (a) fortuitous event or force majeure; (b) actions of third parties that prevent access to the Elefante Letrado Reading Platform; (c) lack of supply of electricity to the Elefante Letrado Reading Platform system; (d) interruption or suspension by the Concessionaire of telephone services; (e) technical and/or operational maintenance that require temporary shutdown of the system or make it impossible to access the Elefante Letrado Reading Platform; and (f) the occurrence of failures in the transmission system and/or routing of Internet access.
5.2. ELEFANTE LETRADO WILL NOT BE HELD LIABLE FOR ANY DAMAGES AND/OR LOSS ARISING FROM INTERRUPTIONS RELATED TO THE EVENTS PROVIDED FOR IN THE ITEM ABOVE, OR IN CASES IN WHICH ELEFANTE LETRADO HAS NOT EXCLUSIVELY CONTRIBUTED TO SUCH DAMAGE AND/OR LOSS.
5.3. ELEFANTE LETRADO will make every effort to ensure and develop the quality of the Elefante Letrado Reading Platform contracted herein and must also commit itself to respecting the privacy of the LICENSEE, maintaining secrecy with regards to all registration information that they have provided, including their access password, which will only be disclosed to third parties due to a judicial request and/or request from a public authority and/or in the LICENSEE’s personal interest.
 

6.1. ELEFANTE LETRADO will not be held liable for damages and losses of any nature that may arise from misuse of the Elefante Letrado Reading Platform.
6.2. ELEFANTE LETRADO is not responsible for damages and losses of any nature that may arise from incorrect identification of the LICENSEE and a lack of truthfulness, validity, completeness and/or authenticity of information that the LICENSEE provides about themselves or makes accessible to other users and, in particular, even if not exclusively, for damages and losses of any nature that may be caused by the LICENSEE themselves or by a third party that, through any means, comes to use the LICENSEE's access password, whether impersonating them or not.
6.3. ELEFANTE LETRADO is not responsible for any failures, defects or any technical problems present in the equipment provided or services provided by the concessionaire responsible for telecommunications services.
6.4. Although the ELEFANTE LETRADO uses the best available technologies and makes every effort possible, it is not able to control in advance the absence of malicious codes in the content transmitted, disseminated, stored, received, obtained, or made available or accessible through use of the Elefante Letrado Reading Platform, nor the absence of other elements that may produce changes in the LICENSEE's computer equipment or in the electronic documents and files stored or transmitted from the LICENSEE's computer equipment.
6.5. Given the provisions of the previous item, ELEFANTE LETRADO is exempt from any liability for damages and losses of any nature that may result from the presence of malicious codes or other harmful elements in such content that may produce changes and/or damage to the physical and/or electronic systems used in the LICENSEE's equipment.
6.6. ELEFANTE LETRADO is not obligated to control, and does not control, the content and nature of the content transmitted, disseminated or made available to third parties by the LICENSEE through the Elefante Letrado Reading Platform.
6.7. ELEFANTE LETRADO is not responsible for damages of any kind that may arise from the transmission, dissemination, storage, provision, receiving, obtaining or access to content through Internet access services and, in particular, even if not exclusively, for damages and losses that may arise (a) from violations of the law, morals and good customs or public order, as a consequence of the transmission, dissemination, storage, provision, receiving, obtaining or access to content through access services; (b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of persons, property rights and of any other nature belonging to third parties, as a consequence of the transmission, dissemination, storage, provision, receiving, obtaining or access to content through access services; (c) the performance of acts involving an antitrust violation and illicit advertising, as a consequence of the transmission, dissemination, storage, provision, receiving, obtaining or access to the contents through the access services; (d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through the access services; (e) the inadequacy for any purpose and the non-fulfillment of the expectations generated by the contents transmitted, disseminated, stored, received, obtained, made available, or accessible through the access services; (f) non-compliance, delay in compliance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or by reason of access to the contents transmitted, disseminated, stored, received, obtained, made available, or accessible through the access services; and (g) defects and failure of any nature in products and services commercialized, acquired or provided by the LICENSEE through the Internet or third parties.
 

7.1. By completing the registration form, the LICENSEE provides ELEFANTE with the following personal data (hereinafter referred to as “Personal Data”): full name, address, email address, postal code, registration number with the Taxpayer Registry (CPF), telephone number, nationality (if necessary), credit card information (if necessary), among others, at ELEFANTE’s discretion.
7.2. The registration and electronic use of Personal Data by ELEFANTE LETRADO, which are governed by the provisions of the “Personal Data Protection Policy” made available on the Elefante Letrado’s Website under the heading “Privacy”
(http://www.elefanteletrado.com.br/privacy) are aimed at the establishment of a contractual relationship and the management, administration, provision, expansion and improvement of the services, content and facilities to the LICENSEE, as well as their adaptation to the LICENSEE’s preferences and tastes, the creation of new services, contents and facilities related to those already existing, the sending of updates of such services, the sending, by traditional and/or electronic means, of technical, operational and commercial information related to the referred to services, content and facilities offered on the Elefante Letrado Reading Platform, or through the platform, whether existing or provided in the future. The purpose of the registration and electronic processing of Personal Data also includes the sending of survey forms, to which the LICENSEE is not obligated to respond. ELEFANTE LETRADO shall obtain the prior and unequivocal consent of the LICENSEE to use Personal Data for purposes other than those set forth in this paragraph.
7.3. ELEFANTE LETRADO guarantees that it has adopted security measures to protect Personal Data, having installed the means and technical measures needed to prevent the loss, misuse, alteration, unauthorized access or improper removal of Personal Data collected. Nevertheless, LICENSEE must be aware that security measures relating to the Internet are not completely infallible.
 

8.1. As counterperformance for contracting of the Elefante Letrado Reading Platform subject to these Conditions of Use, the LICENSEE shall prove ELEFANTE with payment of the amount contained in the Contractual Confirmation, on the dates and/or at the periodicity referred to therein and corresponding to the modality contracted for the Elefante Letrado Reading Platform.
8.2. The LICENSEE may choose from the payment methods available on the website at the moment of contracting.
8.3. A failure to use the Elefante Letrado Reading Platform does not imply the automatic cancellation of this Agreement, and the LICENSEE is aware that the purchase in question refers to the total contracted time of use.
 

9.1. Taxpayer will be responsible for taxes and other contributions that are owed, whether directly or indirectly, by virtue of the amounts paid or received through these Conditions of Use or their execution as defined in tax regulations, without the right to reimbursement.

10.1. This Agreement shall remain in force for a period of one year for home users (individual).

11.1. The SUBSCRIBER, whenever their license to use the Elefante Letrado Reading Platform is canceled within 7 (seven) days from the date of purchase or not renewed at the end of 1 (one) year, will no longer have access to the system.

12.1. The LICENSEE hereby expressly represents and warrants, for all legal purposes, that they:
12.1.1. Are responsible for use of the contracted Elefante Letrado Reading Platform and have the financial conditions to provide for the payment, costs and/or other expenses arising from this Agreement;
12.1.2. Will use the Elefante Letrado Reading Platform within the limits set forth in these General Conditions and are aware of all rights and limitations, and will respect all current legislation, particularly, but not limited to copyrights pertinent to ELEFANTE LETRADO.
 

13.1. ELEFANTE LETRADO, by virtue of this Agreement, does not grant any license or authorization for use of its industrial and intellectual property rights or over any other property or right related to the Elefante Letrado Reading Platform.

14.1. By contracting the Elefante Letrado Reading Platform, the LICENSEE shall seek to respect and comply with the provisions contained herein, as well as the provisions established under legal notices that regulate use of the Elefante Letrado Reading Platform and the services made available on Elefante Letrado’s Site.
14.2. ELEFANTE LETRADO may assign the Agreement or the rights stemming from the Agreement to any of the companies belonging to the Economic Group of which it is part or that it may become part of in the future.
14.3. These General Conditions and their terms comply with Brazilian law.
14.4. The LICENSEE hereby agrees and acknowledges that ELEFANTE LETRADO will use the electronic mail (email) sent to their mailbox, as a valid, effective and sufficient form of communication, and accepts Elefante Letrado’s website as a valid, effective and sufficient means for the disclosure of any matter that refers to the services subject to this Agreement, as well as the conditions of its provision or any other matter addressed therein, except for the expressly diverse provisions provided for in these General Conditions.
 

15.1. The parties hereby elect the Forum of the Judicial District of Porto Alegre, RS, to resolve any claims that arise from this Agreement and not expected, with the Parties waiving their right to any other court of law, however privileged it may be.