GENERAL USE CONDITIONS "BROS" Latest Update: August 20, 2015 READ WITH ATTENTION:
GENERAL USE CONDITIONS
Latest Update: August 20, 2015
READ WITH ATTENTION:WHEN ACCESSING, USING OR REGISTERING WITH THE OPERATIONAL SYSTEM BROS, YOU COMPLETELY AGREE WITH THE CONDITIONS SET FORTH HEREIN, AS WELL AS OTHER POLICIES AND/OR RULES REFERRED TO HEREIN. SHOULD YOU NOT AGREE WITH ALL THOSE CONDITIONS, DO NOT USE THE OPERATIONAL SYSTEM OR OTHER PRODUCTS AND SERVICES OF XPNET.
This General Use Conditions (hereinafter referred to as "CGU") regulate the use of the operational system BROS (hereinafter referred to as "System"), available at www.xpnet.com.br, and of any and all product or service of BROS (hereinafter referred to as "Developer") included in the System or related thereto.
When using the System, you declare to be over 18 years old or, in the event of a minor, to be accompanied by a legal representative and to be legally capable to accept the CGU. Should you be using the System in the name of entity and/or legal entity, you guarantee to be authorized to accept the CGU in behalf of respective entity and/or legal entity, as well as guarantees that such entity and/or legal entity agrees in indemnifying the Developer for any breach of the CGU.
The Developer assures you, provided that the CGU are complied with, the right to use the System. However, it is expressly prohibited to perform acts implying or which might imply breach of rights of the Developer, such as: (a) to reproduce or retransmit the System, whether partially or as a whole; (b) to use data mining devices and/or comparable in order to collect and/or extract data out of the System; (c) to handle or show the System and/or respective contents using comparable classification or navigation technology and; (d) to perform reverse engineering of the System.
OPERATION OF THE SYSTEM
In order to use the System, you shall register, providing certain information to the Developer, receiving in contra account to a personal and nontransferable access password to the System. You shall be the sole responsible for the keeping, confidential, your access password to the System. Any use which is made of the System, or information and files inserted in it, upon use of password, shall be your sole liability, and the Developer shall be totally free from the liabilities arising out of such activities.
The Developer shall not answer for or guarantee the proper operation of the applications or computer programs developed by third parties, through the System and/or which are compatible with the System, even if available for download in website and/or repository maintained by the Developer, as well as does not guarantee or answers for the contents the users publish or share through the System.
The System depend of stable connection with the Internet and may not operate correctly due to problems in the navigator, public networks and/or even due to connection problems of either party involved, situations which are out of the Developerís control and, therefore, shall not be the Developerís liability. The user is also aware that the System may present other errors, still unknown by the Developer, which possibly may obstruct the access of the users, not store properly the data arising out of the usersí activities, etc.
When using the System, you may send and receive information, whether through files, email messages, contacts, etc. (hereinafter referred to as "Private Information"). Your Private Information are solely and exclusively yours. The Developer shall not make a surveillance and/or any prior control about the Private Information circulating or which shall be stored through the System and such CGU do not give the Developer any right on the Private Information, releasing the System and the Developer of any liability on the Private Information circulating or hosted in the System. By force of complaints from third parties and/or legal decisions, the Developer may, at its own discretion, remove definitely or make available to third parties the Private Information.
RIGHTS ON THE SYSTEM
The System, as well as the whole contents found and made available in it, including, but not limited to, texts, graphs, data, images, videos, sounds, illustrations, computer programs, source-codes, brands, slogans, domain names, database, corporate name, logotypes, icons, trade dress, as well as the selection and organization of such components, belonging exclusively to the Developer and/or its partners and may not be copied, reproduced or used, whether partially or as a whole, without the prior written permission of the Developerís legal representative.
It is expressly prohibited the use of metamarcas or any other kind of "hidden code" containing the expression "BROS" or any other expressions identical or comparable to the brands, logotypes, slogans, domain names and corporate names with respect to the System, without prior written permission of the legal representative of the Developer, except cases expressly authorized in this CGU.
If you believe that the System or any content inserted therein breach your property rights or your control, you may give notice to the Developer through e-mail firstname.lastname@example.org, but the Developer reserve the right to remove or maintain such content, in accordance with the rules and guidance of the Law no. 12.965/2014, currently in force in the Federative Republic of Brazil.
In addition, you are aware that the Developer cannot be held responsible for any damages arising out of the contents created or published by third parties, except in the cases expressly provided for in Law no. 12.965/2014, in force in Brazil.
DATA COLLECTION AND PRIVACY
You shall not be able to fit brands, logotypes, slogans, domain names, corporate names or other information or technology belonging to the Developer without the Developerís legal representative express written consent.
The Developer does not recommend, as well as it shall not answer for, directly or not, quality, contents, nature or reliability of the websites, products or services of third parties accessed through links available in the System, as well as websites, products or services of third parties containing links for the System. Such websites, products or services are not under the control of the Developer and the Developer is not responsible for them. When you leave the System, the CGU shall not be applicable any longer. We suggest checking the provisions and policies of any website, system and/or application to where you are guided to.
Due to the provisions set forth in the paragraphs above, you agree in not making the Developer liable for losses, damages or other problems of any kind which may arise out of the use of websites containing links for the System, or whose links are available in the System, as well as it is aware that any negotiation with such websites does not involve, binds and/or oblige the Developer.
Through the System you may access areas and interactive services, such as websites, discussion forums, social networks, etc., or tools for direct communication with the interactive services of third parties (Facebook, Twitter, etc.), in which you or third parties may create, publish and/or store messages, comments or other contents (hereinafter referred to as "Interactive Areas").
When using an Interactive Area, remember that such areas are open to the users and that any personal information published or provided by you may be visualized by others. We are not liable for information sent by you with respect to the Interactive Areas, or by the way in which other persons might use such information, including sending unrequested messages.
You hereby agree in hold harmless and indemnify the Developer, its employees, agents, collaborators, outsourced parties and independent providers from and against any claim, damage, cost, charges, liabilities and/or expenses (including, but not limited to, attorneyís fees) arising out or related to any contents you may publish, store and/or transmit in the System or through the System, at your own discretion, to your use or incapacity of use the System or tools, breaching or supposedly breaching the CGU and other policies of the System, to its unauthorized use of the contents of the Developer or breach to any rights of third parties.
THE USE THE USER MAKES OF THE SYSTEM IS ON ITS OWN ACCOUNT AND RISK. THE USER IS THE SOLE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT THEREOF. THE SYSTEM IS PROVIDED "AS IT IS" AND "ACCORDING TO AVAILABILITY". ACCORDING TO THE LIMITS ALLOWED BY THE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL RESPONSIBILITIES, WARRANTIES OR CONDITIONS OF ANY NATURE, WHETHER EXPRESS OR IMPLICIT.
THE DEVELOPER DOES NOT GUARANTEE THAT: (A) THE SYSTEM SHALL MEET YOUR NEEDS; (B) THE SYSTEM SHALL OPERATE WITHOUT INTERRUPTIONS, PUNCTUALLY, SAFE OR FREE FROM ERRORS; (C) THE CONTENTS AVAILABLE OR CREATED IN THE SYSTEM SHALL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF THE SYSTEM SHALL MEET YOUR EXPECTATIONS, AND; (E) ANY ERRORS IN THE CONTENTS AND/OR SYSTEM SHALL BE EFFECTIVELY CORRECTED.
THE DEVELOPER DOES NOT PERFORM, AND HAS NO LEGAL PREROGATIVE OF PERFORMING, MONITORING, SURVEILLANCE, EDITION OR APPROVAL OF THE CONTENT, OF THE FILES, PROGRAMS AND APPLICATIONS USED IN THE SYSTEM OR OF THE FORM OF USE OF THE SYSTEM BY THE USERS.
THE DEVELOPER SHALL NOT BE LIABLE FOR THE CONTENTS, FILES, PROGRAMS AND APPLICATIONS USED IN THE SYSTEM OR OF THE FORM OF USE OF THE SYSTEM BY THE USERS, AND THE USERS SHALL BE LIABLE FOR CARRYING FOR THE BEST INTERESTS THEREOF, REASON WHY, THE USER EXPRESSLY ACKNOWLEDGES AND AGREED THAT THE DEVELOPER CANNOT BE HELD RESPONSIBLE BEFORE THE USER OR ANY THIRD PARTY, FOR LOSSES AND DAMAGES OF ANY KIND, WHICH BECOME KNOWN AS A CONSEQUENCE OF THE USE OF THE SYSTEM.
THE DEVELOPER DOES NOT GUARANTEE THAT THE CONTENTS OF THE SYSTEM, INSERTED AND/OR MADE AVAILABLE BY THIRD PARTIES, IS FREE FROM CONTAMINATION WITH VIRUS OR OTHER CONTAMINATING, HAZARDOUS OR DESTRUCTIVE ELEMENTS. THE DEVELOPER MAKE AN EFFORT TO GUARANTEE THE RELIABILITY BOTH OF THE CONTENTS AND OF THE SYSTEM, BUT IT CANNOT GUARANTEE THE ACCURACY, CORRECTION OR RELIABILITY THEREOF.
THE DEVELOPER, ITS OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN THE EVENT OF ANY DIRECT, INDIRECT, ACCIDENTAL, SPECIAL, CONSEQUENT DAMAGES, ETC. (EVEN IF THE DEVELOPER HAD BEEN WARNED ON THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (A) THE USE OR IMPOSSIBILITY OF USE OF THE SYSTEM; (B) THE UNAUTHORIZED ACCESS, ALTERATION OF TRANSMISSIONS OR DATA OF THE USERS; (C) THE STATEMENTS OR ACTS PRACTICED BY THIRD PARTIES THROUGH THE SYSTEM; (D) THE RELIABILITY OF THE USER IN ANY INFORMATION OBTAINED IN THE SYSTEM OR ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, REMOVAL OF FILES, DEFECTS , VIRUSES, DELAYS IN THE OPERATION OR TRANSMISSION OR PERFORMANCE FAULTS, WHETHER ARISING OUT OF FORCE MAJEURE, LACK OF COMMUNICATION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REGISTRATIONS, PROGRAMS OR SERVICES OF THE DEVELOPER; (E) THE IMPOSSIBILITY OF USE OR LOSS OF DATA CONNECTED TO THE SYSTEM OR USERS; OR (F) ANY OTHER PROBLEM RELATED TO THE SYSTEM.
REMOVALS AND LIMITATIONS
Nothing of what is written in the CGU has the purpose to remove or limit any condition, guarantee, right or liability which cannot be legally removed or limited. Some jurisdictions do not allow the removal of certain guarantees or conditions or the limitation or removal or liability for losses and damages. Consequently, only the limitations which are allowed by the law in its jurisdiction shall be applicable to the user.
EARLIER TERMINATION AND DISCONTINUANCE
Notwithstanding the CGU, the Developer reserves the right of, without prior notice and in compliance with its own and sole discretion, block your use and access to the System. The Developer, also, reserves the right of, without prior notice and according to its own and sole discretion, conduct any changes in the System and/or respective functionalities (e.g. inclusion of advertising or banners, removal or modules, etc.), as well as discontinue the System, whether partially or as a whole.
VALIDITY AND EFFECTIVENESS OF THE CLAUSES
Any waiver or alteration of the provisions of the CGU shall only be effective if submitted in writing and signed by the Developer legal representative. If one clause of the CGU is annulled or considered inapplicable, the other clauses, whenever possible, shall remain valid and effective. The rights which are not expressly granted are reserved to the Developer.
ALTERATIONS IN THE CGU
The Developer reserves the right to alter the CGU, as well as any other policy of the System, at any moment and at its own discretion. The alterations shall become effective at the moment of respective publishing in the System. The use of the System after the publishing shall be construed acceptance of possible alterations of the CGU. Thus, we advise the users to read again the CGU whenever they access the System. If you do not agree with the provisions altered of the CGU, you may discontinue the use of the System.
APPLICABLE LAW AND JURISDICTION
Any litigation related to the use of the System, the services offered through the System or respective contents shall be submitted to the courthouse of the Judicial District of São Paulo, State of São Paulo, Brazil, which shall prevail on any other, the most privileged it shall be, and shall be judged according to the Federative Republic of Brazil.
QUESTIONS AND CLARIFICATIONS
Questions and comments on the System or on the CGU may be submitted to the Developer through the e-mail suporte.com.br.