All Users should be aware that when they choose to display or distribute personal information (such as their email address or resume) via the Vitru Sites or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages from third parties for which Vitru is not responsible.
Vitru may also disclose specific User information when we determine that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Vitru or other Users of the Vitru Sites. In addition, personal information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy of Vitru. Such disclosures may be made with or without Users’ consent, and with or without notice.
- Vitru Content
- Vitru Services
- Additional Terms Applicable to Businesses
- Additional Terms Applicable to “talent”
- User Content And Submissions
- Termination of Users Who Infringe The Copyright or Other Intellectual Property Rights of Others
- Digital Millennium Copyright Act Notice
- Vitru’s Liability
- Disclaimer of Warranty
- Disclaimer of Consequential Damages
- Limitation of Liability
- Links To Other Sites
- No Resale Or Unauthorized Commercial Use
- Additional Terms
- Term and Termination
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND VITRU, INC. (“VITRU”), AND ARE DEEMED ACCEPTED BY YOU EACH TIME THAT YOU USE OR ACCESS ANY VITRU SITE OR VITRU SERVICES. IF YOU DO NOT ACCEPT THE TERMS STATED HERE, DO NOT USE THE VITRU SITES AND THE VITRU SERVICES.
Vitru may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE VITRU SITES SUSPENDED OR TERMINATED, AT VITRU’S DISCRETION.
Vitru authorizes You, subject to these Terms, to access and use the Vitru Sites and the Vitru Content (as defined below) and to download and print a single copy of the content available on or from the Vitru Sites solely for Your personal, noncommercial use. The contents of the Vitru Sites, such as designs, text, graphics, images, video, information, logos, button icons, software and other Vitru content (collectively, “Vitru Content”), are protected under copyright, trademark and other laws. All Vitru Content is the property of Vitru or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Vitru Sites is the exclusive property of Vitru and is protected by copyright, trademark, and other laws. Unauthorized use of the Vitru Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Vitru Content on any authorized copy You make of the Vitru Content.
Any code that Vitru creates to generate or display any Vitru Content or the pages making up any Vitru Site is also protected by Vitru’s copyright and You may not copy or adapt such code.
You may not use any of the Vitru Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing Vitru Content on any Internet, Intranet or Extranet site or incorporating the Vitru Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
The term “post” as used herein shall mean information that You submit, publish or display on a Vitru Site.
ALL VITRU USERS AGREE TO NOT:
- take any action that imposes an unreasonable or disproportionately large load on any of the Vitru Sites’ infrastructure;
- use any device to navigate or search any Vitru Site other than the tools available on the Vitru Site, generally available third party web browsers, or other tools approved by Vitru;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of any Vitru Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- reverse engineer or decompile any parts of any Vitru Site;
- aggregate, copy or duplicate in any manner any of the Vitru Content or information available from any Vitru Site, other than as permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post anything on behalf of another party or impersonating another party without such party’s consent;
- share with a third party any login credentials to any Vitru Site;
- access data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to any Vitru Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Vitru Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- use the Vitru Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Vitru’s discretion.
VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY. VITRU WILL INVESTIGATE OCCURRENCES WHICH MAY INVOLVE SUCH VIOLATIONS AND MAY INVOLVE, AND COOPERATE WITH, LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE INVOLVED IN SUCH VIOLATIONS.
Additional Terms Applicable to Businesses
You are responsible for maintaining the confidentiality of Your business account, profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Vitru Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Vitru of any unauthorized use of Your business account, profile, or passwords.
A Business posting may not contain:
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Vitru;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Vitru posting to:
- post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- post jobs or other advertisements for competitors of Vitru or post jobs or other content that contains links to any site competitive with Vitru;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, “club membership”, distributorship, multilevel marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that a job seeker would be selling;
- promote any opportunity that does not represent bona fide employment which is generally indicated by the business’s use of IRS forms W-2 or 1099;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- post jobs located in countries subject to economic sanctions of the United States Government; and
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her
- racial or ethnic origin
- political beliefs
- philosophical or religious beliefs
- membership of a trade union
- physical or mental health
- sexual life
- the commission of criminal offences or proceedings or
VITRU RESERVES THE RIGHT TO REMOVE ANY JOB POSTING OR CONTENT FROM ANY VITRU SITE, WHICH IN THE REASONABLE EXERCISE OF VITRU’S DISCRETION, DOES NOT COMPLY WITH THE ABOVE TERMS, OR IF ANY CONTENT IS POSTED THAT VITRU BELIEVES IS NOT IN THE BEST INTEREST OF VITRU.
IF AT ANY TIME DURING YOUR USE OF THE VITRU SERVICES, YOU MADE A MISREPRESENTATION OF FACT TO VITRU OR OTHERWISE MISLED VITRU IN REGARDS TO THE NATURE OF YOUR BUSINESS ACTIVITIES, VITRU WILL HAVE GROUNDS TO TERMINATE YOUR USE OF THE VITRU SERVICES.
Additional Terms Applicable to “Talent”
If you are a non-business user (“Talent”) of the Vitru Site, when You register with any Vitru Site, You will be asked to create an account and provide Vitru with certain information including, without limitation, a valid email address (Your “Information”).
Any profile You submit must be accurate and describe You, an individual person. The profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the Vitru Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Vitru account or Your Vitru account is terminated, all Your account information from Vitru, including resumes, profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Vitru’s databases and will be removed from any public area of the Vitru Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Vitru’s web servers. In addition, third parties may retain saved copies of Your Information.
Vitru reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
User Content and Submissions
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, work product, portfolios, messages or other materials submitted, posted or displayed by You on or through a Vitru Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Vitru claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Vitru and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Vitru, you grant Vitru a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Vitru. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Vitru a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Vitru and its services. Vitru will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Vitru. Vitru reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of any Vitru Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Vitru Site retains any and all rights that may exist in such User Content. Vitru may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Vitru Site. Vitru reserves the right to expel Users and prevent their further access to the Vitru Sites and/or use of Vitru Services for violating the Terms or applicable laws, rules or regulations. Vitru may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Vitru, damage Vitru’s brand or public image, or cause Vitru to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Vitru does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Vitru endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
Termination of Users Who Infringe The Copyright or Other Intellectual Property Rights of Others
Vitru respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Vitru Sites, You agree not to use any Vitru Site to infringe the intellectual property rights of others in any way. Vitru reserves the right to terminate the accounts of any Users, and block access to the Vitru Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Vitru reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact us.
Digital Millennium Copyright Act Notice
If You believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Vitru Site, please notify Vitru’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Vitru Site;
- Information reasonably sufficient to permit Vitru to contact you, such as your address, telephone number, and e-mail 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent Vitru, Inc. PO BOX 391373 Omaha, NE 58139 firstname.lastname@example.org (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
The Vitru Sites act as, among other things, venues for (i) businesses to post job opportunities and search for and evaluate job candidates and (ii) potential candidates to post resumes and profiles and search for and evaluate job opportunities. Vitru does not screen or censor the listings, including profiles offered. Vitru is not involved in the actual transaction between businesses and job candidates. As a result, Vitru is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of businesses to offer job opportunities to candidates or the ability of candidates to fill job openings and Vitru makes no representations about any jobs, resumes or User Content on the Vitru Sites. While Vitru reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Vitru Sites from time to time, Vitru does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Vitru Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Vitru Sites.
Because User authentication on the Internet is difficult, Vitru cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Vitru Site, in the event that You have a dispute with one or more Users, You release Vitru (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Vitru Sites and the Vitru Content may contain inaccuracies or typographical errors. Vitru makes no representations about the accuracy, reliability, completeness, or timeliness of any Vitru Site or the Vitru Content. The use of all Vitru Sites and the Vitru Content is at Your own risk. Changes are periodically made to Vitru Sites and may be made at any time. Vitru cannot guarantee and does not promise any specific results from use of any Vitru Site. No advice or information, whether oral or written, obtained by a User from Vitru or through or from any Vitru Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Vitru encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Vitru be liable for the deletion, loss, or unauthorized modification of any User Content.
Vitru does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Vitru Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact us.
If notified of any content or other materials which allegedly do not conform to these Terms, Vitru may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Vitru has no liability or responsibility to Users for performance or nonperformance of such activities.
Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE BY LAW, VITRU DOES NOT WARRANT THAT ANY VITRU SITE OR ANY VITRU SERVICES WILL OPERATE ERROR-FREE OR THAT ANY VITRU SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY VITRU SITE OR THE VITRU CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, VITRU IS NOT RESPONSIBLE FOR THOSE COSTS. THE VITRU SITES AND VITRU CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VITRU, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NONINFRINGEMENT. VITRU MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE VITRU CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL VITRU, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY VITRU SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY VITRU SITE AND THE VITRU CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VITRU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations of Liability
TO THE FULLEST EXTENT POSSIBLE BY LAW, VITRU’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY VITRU SITE OR YOUR USE OF THE VITRU CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Links to Other Sites
The Vitru Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Vitru of the contents on such third-party Web sites. Vitru is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Vitru Site.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VITRU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) ANY USER CONTENT OR OTHER MATERIAL YOU PROVIDE TO ANY VITRU SITE, (II) YOUR USE OF ANY VITRU CONTENT, OR (III) YOUR BREACH OF THESE TERMS. VITRU SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.
Vitru makes no claims or representations that the Vitru Content may be lawfully viewed or accessed outside of the United States. Access to the Vitru Content may not be legal by certain persons or in certain countries. If You access any Vitru Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Vitru Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Vitru’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Vitru’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Vitru Sites, a particular “Legal Notice,” or software license or material on particular pages on the Vitru Sites, these Terms constitute the entire agreement between You and Vitru with respect to the use of the Vitru Sites. No changes to these Terms shall be made except by a revised posting on this page.
Certain areas of the Vitru Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. By using any areas of this website or the other Vitru Sites that contain LinkedIn, you agree to be bound by the LinkedIn User Agreement as it may be updated from time to time.
Term and Termination
These Terms will remain in full force and effect while You are a User of any Vitru Site. Vitru reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Vitru Sites and immediate termination of Your registration with or ability to access the Vitru Sites and/or any other services provided to You by Vitru, upon any breach by You of these Terms or if Vitru is unable to verify or authenticate any information You submit to a Vitru Site registration.