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| Brasilheus |
| website agreement - terms of use |
The Brasilheus Web Site (the "Site") is an online information service provided by Brasilheus
("Brasilheus "), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Brasilheus MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are Brasilheus, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or proprietary notices from the
materials. You agree to grant to Brasilheus a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Brasilheus by all means and in any media now known or
hereafter developed. You also grant to Brasilheus the right to use your name in connection
with the submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that you shall
have no recourse against Brasilheus for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to Brasilheus.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of Brasilheus. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being
supplied by Brasilheus, Brasilheusdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for Brasilheus- identified information,
products or services, all information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not affiliated with Brasilheus a.
You also understand that Brasilheus cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Brasilheus PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND Brasilheus SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. Brasilheus DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Brasilheus
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Brasilheus BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Brasilheus OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Brasilheus LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Brasilheus makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a non-Brasilheus
web site, please understand that it is independent from Brasilheus, and that Brasilheus
has no control over the content on that web site. In addition, a link to a Brasilheus web site
does not mean that Brasilheus endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Brasilheus, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the
benefit of Brasilheus and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of Brazil
applicable to agreements made and to be performed in Brazil. You agree that any legal
action or proceeding between Brasilheus and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in Brazil . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred. Brasilheus's failure to
insist upon or enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement. Brasilheus
may assign its rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.
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