Assignment of Virtual Space and Other Covenants

Link Três Comunicação Ltda., with headquarters in the city of Barueri, State of São Paulo, at Avenida Trindade, nº 254, Sala 512, Bethaville I, CEP 06404-326, registered with the CNPJ/MF under nº 30.182.386/0001- 60, hereinafter referred to as simply “Link Três”, and the natural person and/or legal entity identified in the Link Três electronic database registration and/or in the Insertion Request, hereinafter referred to simply as “ADVERTISER”, enter into this contract, which will be governed by the clauses and conditions below, as well as compliance with the security and privacy policy of Link Três, accessible through the link

First clause – object
1.1. Link Três will provide the ADVERTISER with virtual spaces for the insertion of advertisements, within the formats and standards established on the Portal Jornal de Barueri and in the terms and conditions of this contract. The terms and conditions set out here may be supplemented, as appropriate, by means of the Insertion Request (PI), duly signed by both parties.

1.2. By sending an Insertion Request (IP) to Link Três, the ADVERTISER declares to be aware of and in agreement with all the rules, terms and conditions set out in this contract.

Second clause – login and private password
2.1. The ADVERTISER will create or indicate a name (“Login”) and a private password of a confidential nature, which will function as their identification and access key for using the virtual space provided by Link Três to the ADVERTISER. Private passwords may be changed by the ADVERTISER at any time, with the exception that the ADVERTISER will be exclusively and fully responsible for the same.

2.2. Without prejudice to the above, Logins that make any reference, in whole or in part, to Link Três, the name of its products and/or the expression “Jornal de Barueri” will not be accepted, regardless of whether the latter represents initials or any combination of the name of the ADVERTISER, which is why they may be canceled at any time and regardless of prior notice, as soon as they are identified.

2.3. The ADVERTISER is responsible for choosing the Login appropriately, aware that no name may be registered that violates current legislation, that misleads third parties, that violates the rights of third parties, that represents predefined concepts on the Internet, that constitutes low-quality words slang or abusive, which symbolizes acronyms of States, Ministries, among other prohibitions, being certain that the ADVERTISER will be responsible for the misuse, both in the civil and criminal spheres, if applicable.

2.4. The Login and private password are non-transferable and cannot be subject to any type of commercialization or transfer of use, with the ADVERTISER assuming full and exclusive responsibility for them, without any solidarity with Link Três.

2.5. In case of misuse, by the ADVERTISER or third parties, of the ADVERTISER's Login and private password, Link Três may terminate this contract, regardless of prior notification, without the ADVERTISER or third parties being entitled to any type of compensation or compensation.

Third clause – registration data
3.1. The ADVERTISER will inform Link Três all the data necessary for registration, committing to provide true, correct, current and complete information about themselves, at the time of registration, being civilly and criminally responsible for this information.

3.1.1. The ADVERTISER declares to be aware that the use of false, invalid, incorrect or third party data without his authorization is his sole responsibility, and may result in the immediate cancellation of the transfer of the virtual space, without prior notification, and, furthermore, characterize the practice of an illegal act, subjecting it to the penalties provided for by law.

3.2. The ADVERTISER expressly authorizes the registration mentioned in clause 3.1. is made and maintained by Link Três, as well as authorizes Link Três to provide the information contained in said registration (i) to competent public authorities that formally request it, in accordance with the Brazilian Federal Constitution and other applicable legislation, (ii) to bodies domain registration, and (iii) its strategic, commercial or technical partners, with the purpose of offering better resource conditions to the ADVERTISER. Furthermore, the ADVERTISER expressly declares and agrees that Link Três collects information to carry out traffic monitoring, with the aim of identifying user profile groups and for advertising guidance purposes.

3.3. The ADVERTISER must inform Link Três whenever changes occur in registration information, including, but not limited to, any change in the address to which payment slips must be sent, as well as changes in telephone numbers, emails or name of the contact person, who must be informed in any of the means made available by Link Três for customer service.

Clause four – responsibilities of Link Three
In addition to the obligations contained in this contract, Link Três undertakes to:

4.1. Provide virtual spaces in accordance with the terms and conditions of this contract and the IP and there may eventually be interruptions or suspensions thereof, due to: (a) maintenance of a technical/operational nature; (b) acts of God or force majeure; (c) actions by third parties that prevent the use of resources; and (d) lack of electricity supply for long periods of time (blackout).

4.1.1. If the insertions are not carried out due to the hypotheses contained in the above clause, the insertion time and the number of insertions indicated in the respective PI will not be reduced, which will be automatically compensated, subject to the provisions of clause 6.8 below.

Clause five – ADVERTISER’s responsibilities
Regardless of other obligations contained herein, the ADVERTISER's obligations are:

5.1. Make payments relating to the provision of virtual space for the insertion of advertisements.

5.2. Produce and supply the advertisements to be inserted by Link Três, within the term and in the manner stipulated in this instrument and in the respective IP.

5.3. Deliver the advertisements to be inserted by Link Três at least 03 (three) working days in advance of the scheduled start date of the campaign, under penalty of having your advertising campaign reduced proportionally, by as many days as the delay upon delivery of the material, without any charge to Link Três. If the delay in delivery of the material exceeds 60 (sixty) days, the insertion of the advertisements will be considered completed, for all legal purposes, and the ADVERTISER must make full payment of the amounts stated in the PI.

5.4. Manage on an exclusive basis and without any solidarity with Link Três, the Login and the respective private password, fully assuming any and all responsibility for the use thereof, as well as for actions carried out through them, including, but not limited to economic charges resulting from such use, especially with regard to loss of data, contamination by viruses, invasion of networks, theft of data or information, sending offensive and/or inappropriate electronic messages to other Internet users and other conduct that may harm other users and/or systems connected to the Internet, as well as for any other actions that do not comply with current legislation.

5.5. Refrain from using the space provided by Link Três, to: (a) violate the law, morals, good customs, intellectual property, the rights to honor, private life, image, personal and family intimacy ; (b) encourage the practice of illicit conduct or conduct contrary to morality and good customs; (c) incite the practice of discriminatory acts, whether based on sex, race, religion, beliefs, age or any other condition; (d) make available or enable access to illicit, violent, degrading messages, products or services; (e) send collective e-mail messages (SPAM) to groups of users from this or other providers, offering products or services of any nature, their own or from others, that are not of interest to the recipients or that do not have their express consent of these; (f) induce an unacceptable state of anxiety or fear; (g) induce or incite dangerous, risky or harmful practices for health and mental balance; (h) propagate false, ambiguous, inaccurate, exaggerated or untimely content, in a way that could mislead about its object or about the intentions or purposes of the communicator; (i) violate the confidentiality of communications; (j) constitute illicit, misleading or unfair advertising, in general, that constitutes unfair competition; (k) publish, incite or encourage pedophilia; (l) incorporate viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, system or computer equipment (hardware and software) of third parties or which may damage electronic documents and files stored on this computer equipment, ( m) obtain or attempt to obtain unauthorized access to other computer systems or networks; (n) reproduce, sell and distribute products without due authorization and payment of copyrights.

5.6. Assume fully, without solidarity from Link Três, in whatever capacity, responsibility for all obligations now assumed, for the services and information provided, using the resources covered by this contract. In this way, the ADVERTISER assumes full and exclusive responsibility, including, but not limited to, administrative, copyright, electoral, civil and criminal liability, for all data, use of resources, as well as for the content that it makes available on the Internet, and must respond for all damages and losses caused by the misuse of contracted resources. As Link Três is compelled to participate in any judicial or administrative process related to the responsibility now assumed by the ADVERTISER, the ADVERTISER is obliged to reimburse Link Três for the legal and financial burdens that Link Três may incur, without prejudice to possible losses and damage.

5.7. That it has and will maintain all the necessary powers and authorizations to prepare, produce and disseminate, in any form, the advertisements that it may make available through Portal Jornal de Barueri, as well as to include in these advertisements the link to its website, including , without limitation, copyright, editing rights, domain registration rights, and other intellectual property or commercial rights, and that the insertion of these advertisements in the locations set out here will not infringe third party rights of any nature;

5.8. Be solely responsible, civilly and criminally, for the publication of the advertisements contracted by this instrument, mainly with regard to compliance with the rules of the CONAR Advertising Self-Regulation Code and the Consumer Protection Code, exempting Link Três from any responsibility for the content of these advertisements, for the products and/or services offered through these advertisements and for the payment of any compensation that may be claimed by third parties possibly affected by the advertisements.

5.9. Be solely responsible for third-party services that you may use, related to the subject matter of this contract;

5.10. That you are civilly and criminally responsible for all information, including registration information, that you provide to Link Três, undertaking to keep it updated;

5.11. That you are aware that there is no involvement or any intervention on the part of Link Três in the business between the ADVERTISER and the user;

5.12. That the advertisements to be inserted in the Portal Jornal de Barueri, as well as the products and services advertised, do not violate any provision of this contract, nor the rights of third parties, offering products and services that are not prohibited by Brazilian legislation.

Clause six – advertising advertisements
6.1. Link Três will publish the ADVERTISER's advertisement, within the formats and standards offered on the website, highlighting that each format has different values and specific conditions, such as capacity limits and duration, among other conditions applicable to each case.

6.2. The creation, elaboration and production of the ADVERTISER's advertisements will be the sole responsibility of the ADVERTISER, or of third parties that he may hire, and the ADVERTISER must bear the respective costs in full.

6.3. Link Três will not insert advertising that does not fit into the size options described in item 6.1 above, due to technical impossibility. Link Três also reserves the right, free of charge: a) to insert only advertising materials that meet its standards and quality standards; b) not insert advertisements that are contrary to current legislation, good customs or public morality, in which case Link Três will have the right, at any time and for as long as it deems necessary, including definitively, to stop inserting or partially insert the advertisement; c) remove any content from the ADVERTISER in the virtual spaces now provided that is contrary to Link Três’ content rules or the legal regulations in force.

6.4. If the advertising materials do not meet the norms and quality standards established by Link Três, as provided for in this contract, the ADVERTISER will present new advertising material within the insertion deadlines defined for each specific format, which are detailed on the Jornal de Barueri ( If the new material is not presented to Link Três within the period mentioned in this clause, the ADVERTISER may lose the right to these insertions, irrevocably and irreversibly, at the discretion of Link Três.

6.4.1. Link Três does not control and is not responsible for the content of the ADVERTISER's advertisements. Link Três is not responsible for the opinions and comments made by any of its users or visitors to Jornal de Barueri services. Any and all content inserted by users on any of the pages of the Portal Jornal de Barueri is the sole and exclusive responsibility, civil and criminal, of whoever inserted them.

6.5. The advertising material to be disseminated must be sent by the ADVERTISER, or whoever they indicate, to Link Três in digital form, and its respective insertion can only be processed within the times indicated on the website After this time, advertising material will only be made available on the first business day following the date the material is sent. If the insertion has a defined date to occur and the ADVERTISER has not sent the advertising material within the deadlines set for that purpose, the ADVERTISER may lose the right to these insertions, irrevocably and irreversibly, at the discretion of Link Três.

6.6. The parties declare that they are aware that the ADVERTISER's advertising materials may be published on any of the pages of Portal Jornal de Barueri, subject to space availability, the conditions agreed in the IP, as well as the terms and conditions of this contract.

6.7. Advertisements to be inserted into the Portal Jornal de Barueri may be replaced by others at the request of the ADVERTISER or his agency, at no additional cost, subject to the technical conditions and shipping times mentioned in clauses 6.5. above.

6.8. If the total number of publications agreed for a given period is not delivered, for any reason, the advertiser may request the rescheduling of this balance, free of charge, up to 60 days after the original publication period. If the advertiser does not request the rescheduling of the balance within this period, Link Três will have the right to consider this contract terminated in full, regardless of any notice or notification, in which case the ADVERTISER will irrevocably and irreversibly lose the right to the use of this balance and any remaining publications.

6.9. Link Três will make its best efforts to ensure that the ADVERTISER enjoys the virtual spaces provided with the highest quality. However, considering the very nature of the service and the dependence on external factors beyond the control of Link Três, the guarantees provided by Link Três are limited. Therefore, interruptions in access to the network and consequently to Jornal de Barueri services may occur, due to maintenance services in its system, failures in the supply of electricity, in the provision of telecommunications services, acts of God, force majeure or actions of third parties.

6.10. Link Três does not guarantee, under any circumstances, any type of commercial results, campaign performance or economic income to the ADVERTISER due to the advertising insertion object of this contract. Link Três does not guarantee that a minimum number of users of its Internet services will access any of the ADVERTISER's advertisements.

6.11. The parties agree that any advertisements from/or involving mentions of, without being limited to the items below, are expressly prohibited:

Content Expressly Prohibited for Advertising

The following types of content are expressly prohibited for announcements on the portal:

  • Sale of firearms, gunpowder or explosive material, narcotics, toxic substances, cigarettes and other products derived from tobacco and/or that support the habit of smoking and any type of illegal drugs in general.
  • Medicines, under medical prescription, controlled by the Regulatory Agency and/or without registration with the competent body.
  • Stolen property, human organs, wild animals or prohibited by law.
  • Counterfeit coins and banknotes, shares of companies traded on the Stock Exchange, lottery tickets, contraband products, counterfeit or adulterated products.
  • Mailing lists or personal databases.
  • Services and/or products related to prostitution or similar material, pornographic, obscene or contrary to morals and good customs (except for products that expressly mention that they are products for Adults).
  • Products that promote violence and/or discrimination based on race, sex, religion, nationality, sexual orientation or any other type.
  • Casinos, games or illicit activities, or any types of games or bets that involve monetary obligations or prizes to players or bettors.
  • Products that violate piracy restriction laws information technology, software protection, copyright, patents, brands, models and industrial designs.
  • Any products/services whose sale is expressly prohibited by current laws.
  • Content that contains offensive or inappropriate language.
  • Content that disrespect the editorial rules established by Link Três.
  • In other cases that violates any terms of this agreement.

6.12. Link Três may, at any time and at its sole discretion: (i) leave one or more of the ADVERTISER's advertisements outside the scope of its Internet portal (ii) stop including, partially or in full, any content owned by the ADVERTISER, (iii) definitively delete the advertisements. One or more of these actions on the part of Link Três will not constitute a breach of this contract or liability of Link Três.

Seventh clause – price and payment conditions
7.1. For the use of the virtual spaces now provided, the ADVERTISER will pay Link Três the amount mentioned in the respective PI, under the conditions and payment method set out in the aforementioned document, via an invoice to be issued by Link Três. Invoices are issued by Link Três, in full, at the start of the corresponding campaign, due on the 15th of the following month.

7.2. Link Três may only make price adjustments in periods equal to or greater than 12 (twelve) months, or in the shortest period established by law, counting from the date of the last adjustment made. The parties declare that they are aware that the last adjustment made to the values of the resources transferred occurred on the date informed on the Offer of Resources page subject to this contract.

7.2.1. The parties agree that the adjustment mentioned in the previous item will always be made based on the variation of the IGP-M/FGV. If the IGP-M/FGV is not characterized as a monetary correction instrument for calculating automatic price adjustments established in this contract, the new indices that replace it will be used and, if non-existent, a new correction formula to be used. be expressly informed to the ADVERTISER.

7.2.2. Notwithstanding the provisions of the above clause, the values may be revised, at any time, to recover the initial economic-financial balance in the event of an increase in the inputs necessary for the transfer of virtual spaces or, in the event that they are subsequently required. other taxes, taxes, fees, tariffs, charges, contributions, including tax or for tax, social security or labor and, also, if the current tax rates are modified or if, in any way, they are increased or reduced.

7.2.3. Whenever it intends to make a price adjustment, in accordance with clause 7.2 above, Link Três will inform the ADVERTISER by email at least 30 (thirty) days in advance of the intended date for the adjustment. If the ADVERTISER does not agree with the adjustment informed by Link Três, he may terminate this contract, under the terms of clause eight.

7.3. In the event of non-payment on the scheduled date, the ADVERTISER will incur: (i) Late payment interest of 1% (one percent) per month on the total amount of the debt calculated from the due date until the date of actual payment; (ii) Monetary adjustment calculated from the due date to the date of payment of the obligation, based on the variation of the IGP-M (General Market Price Index), calculated by Fundação Getúlio Vargas, in the same period. If such an index is extinguished, the official index that replaces it will be adopted; (iii) Late payment fine of 2% (two percent) calculated on the amount of the debt, charged in a single payment.

7.3.1. Without prejudice to the provisions of clause 7.3. above, delay in payment for a period equal to or greater than 05 (five) calendar days will result in the suspension of contracted resources. If payment is delayed by 30 (thirty) days or more, Link Três may definitively cancel the resources contracted by the ADVERTISER, without prejudice to the collection of unpaid amounts.

7.3.2. In the event of suspension of the availability of virtual spaces, due to a delay in payment of more than five days, the release of virtual spaces will occur within 72 (seventy-two) business hours after payment of the debt.

Eighth clause – contract validity and termination
8.1. This instrument will be in force for the period indicated in the respective PI, irrevocably and irreversibly.

8.2. Link Três may terminate this contract at any time during the term of the contract, upon prior written communication sent to the ADVERTISER.

8.3. The ADVERTISER, at any time, may express his/her disinterest in the resources currently contracted, and request their cancellation, through the Link Três Subscriber Service (SAC) or through the telephone numbers listed on the page [], observing the conditions established in this contract.

8.4. The ADVERTISER may choose immediate cancellation or scheduled cancellation.

8.4.1. In the case of the option for scheduled cancellation, the ADVERTISER undertakes to pay off and settle any existing and maturing debts and outstanding issues relating to periods and/or resources already made available and will be able to use the resources until the end of the contracted period.

8.4.2. In the case of opting for immediate cancellation, Link Três will immediately comply with the ADVERTISER's request, and the ADVERTISER will only make a proportional payment for the period and/or resources used until cancellation. However, the ADVERTISER will lose the discount resulting from the virtual space provided, if any, without prejudice to the payment of any fine for early termination described on the offer page or informed at the time of contracting, with interest and monetary correction. If the ADVERTISER is entitled to a refund of amounts as a result of the immediate cancellation option, the value of the discounts, the fine and any payment in installments will be offset against the amount to be refunded to the ADVERTISER, with any credit or debt being charged in the same way. authorized by the ADVERTISER.

8.5. This contract may be terminated immediately, by operation of law, regardless of any notification or interpellation, judicial or extrajudicial for breach of any of the provisions of this contract, by either party, in such a way as to prevent the continued execution of the purpose of this contract. .

8.6. Failure to use the virtual space now provided does not imply the automatic cancellation of this contract, and the ADVERTISER is therefore subject to regular charges for the spaces now provided and the possible consequences of non-payment.

8.7. If the ADVERTISER desists from inserting their advertisements on the Portal Jornal de Barueri, at any time, the parties hereby agree that the amounts relating to the campaign, contained in the IP, will be fully owed by the ADVERTISER, who must also pay the amounts in open within a maximum period of 05 (five) days from the date of withdrawal. In this case, Link Três will not, in any way, be obliged to return any amount paid by the ADVERTISER due to the campaign.

Clause nine – compensation
9.1. The ADVERTISER agrees to indemnify and exempt Link Três, its directors and employees, from any losses, expenses, damages, complaints or demands, incurred by any third parties or incurred or suffered by Link Três in relation to or as a result of any of the advertisements and /or the use of virtual spaces by the ADVERTISER and that violates the terms of this instrument, the IP or the conditions of use of any resource provided herein, any applicable local, national or international laws or regulations, or any rights of third parties.

Clause ten – general provisions
10.1. The relationship maintained between the parties, regarding the transfer of virtual spaces by Link Três for the dissemination of advertisements by the ADVERTISER, and duly reflected in the respective IP, constitutes the sole and complete agreement between the parties in this regard, replacing all other documents, letters, memoranda or proposals between the parties, as well as oral understandings held between them, prior to this date. However, the parties give each other the broadest, most general, irrevocable and unrestricted discharge with regard to any and all obligations and/or duties of one party to the other, due to any type of commercial relationship and/or contractual agreement agreed between the parties on a date prior to this one, it being certain that the only obligations of the parties, one towards the other, with regard to the object of this instrument, will be those expressly provided for in this instrument and/or in the respective IP signed between the parties .

10.2. The signing of the IP by the ADVERTISER obliges the parties and their successors, in any capacity, both to the terms of the IP itself and to the terms and conditions set forth herein. For the purposes of this instrument, the successor, among others, will be the company that results from the split, merger, acquisition or incorporation of any of the parties, regardless of whether it has the same name and/or corporate registrations as the originally contracting parties.

10.3. This contract is signed irrevocably and irreversibly, binding the parties, as well as their heirs and successors, in any capacity.

10.4. The parents or legal representatives of the minor, if applicable, will be responsible for the acts carried out by him in the use of the resources covered by this contract, including any damages caused to third parties, practices of acts prohibited by law and the provisions of this contract .

10.5. The failure of either party to demand compliance, in whole or in part, with any of the clauses and provisions of the contract, once or repeatedly, will be interpreted as mere liberality, not implying novation, renunciation, donation, transaction, remission and/or compensation or, furthermore, it will not deprive the other party of the right to demand strict compliance with contractual obligations, at any time.

10.6. This contract will be governed by Brazilian laws.

10.7. The rights and obligations of this instrument cannot be assigned by the ADVERTISER, under penalty of termination of this contract, without any burden to Link Três. On the other hand, Link Três may assign this contract at any time.

10.8. The ADVERTISER expressly accepts that Link Três sends e-mail messages and text messages (SMS) to the cell phone registered in the Link Três database of an informative nature and referring to specific communications inherent to the object of this contract and/or about any resources, offers and plans offered by Link Três.

10.9. The ADVERTISER expressly declares and guarantees, for all legal purposes: a) having the legal capacity to enter into this contract; b) be financially responsible for the use of the virtual space now provided and be financially able to bear the payments, costs and expenses arising from this contract; c) acknowledge that this contract is formalized, as the case may be, binding the parties, with verbal acceptance by the ADVERTISER, which takes place by calling the Link Três call center or by clicking on the agreement button that will appear after the screen of this contract; and d) that you have read and are aware of and in full agreement with all the terms and conditions of this contract.

10.10. Link Três reserves the right, at its discretion and at any time, to modify, add or remove any clauses or conditions of this contract, communicating to the ADVERTISER by email, or any other electronic means, when the change implies restrictions of the conditions initially agreed. If the ADVERTISER does not agree, the ADVERTISER may cancel the contract, free of charge, within a period of 30 (thirty) days, counting from the date of receipt of the communication.

10.10.1. Likewise, Link Três reserves the right, at its discretion and at any time, to change, both in form and content, discontinue, cancel, suspend any of the resources, utility or application, made available by itself or by third parties, as long as the ADVERTISER is notified 30 (thirty) days in advance, by email or any other electronic means, not implying any breach of this contract. If the ADVERTISER does not agree, the ADVERTISER may also cancel the contract, free of charge, within a period of 30 (thirty) days, counting from the date of receipt of the communication.

10.11. Link Três is not responsible for commercial transactions carried out online, which will be the sole responsibility of the ADVERTISER and anyone who offers products or services for sale via the Internet.

10.12. By virtue of the Cooperation Agreement signed between Link Três and the Public Ministry of São Paulo in November 2005, Link Três, reiterating the terms of its Security and Privacy Policy and this contract, informs that its products and services must not be used to transmit, disseminate or promote child pornography, pedophilia, racist material, discriminatory material or any other material that violates current Brazilian legislation.

10.13. Link Três is a value-added service provider for telecommunications services, not subject to Anatel regulation. The ADVERTISER declares to be aware that Link Três's customer service services (SAC and CALL CENTER) are different from those offered by telecommunications service providers and they are not subordinated to each other, with a better detailed form and number of service available on the company's website. Link Three at [].

10.14. The ADVERTISER declares to be aware that any and all support via telephone service will be provided by the telephone numbers listed on the Subscriber Service (SAC) page on the Link Três website. If the ADVERTISER chooses plans that do not include the right to telephone support, the cost of support via telephone service will be as informed to the ADVERTISER at the time of requesting such service.

10.15. If there is any divergence or incompatibility between the terms of this instrument and the terms of an IP signed between the parties, the parties hereby acknowledge that the terms and conditions of this instrument will prevail.
Eleventh clause – forum
11.1. The parties elect the Court of the District of Barueri or the Court of the District of the ADVERTISER's domicile, at the discretion of the author of any action, as competent to resolve any disputes arising from this contract, to the exclusion of any other, however privileged it may be.

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