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TERMS FOR USE
(Updated as of October 20, 2016)
PLEASE, READ THESE TERMS AND CONDITIONS FOR USE CAREFULLY:
PURPOSE, OPERATION AND RESPONSIBILITY OF exterbras.deals
The user expressly represents to be aware that the service provided by exterbras.deals is not comparable or aims to be in any way mixed up with business intermediation, purchase and sale of merchandises or e-commerce services offered by specialized providers in the Internet, only consisting of a form of advertising meant for users.
exterbras.deals is not the owner of the products announced by its users, does not keep these items in its possession and does not carry out the sales offers. It does not either interfere with the delivery of the products announced by the users.
The user shall be the sole and exclusive responsible, civil and criminally for the content of the commercial transactions it comes to establish, using exterebras.deals service as a way to offer, search, sell or acquire products. Under no circumstances exterbras.deals agrees, endorses or guarantees the products announced, the advertisings registered or the commercial transactions resulting therefrom. exterbras.deals can, at any time and at its discretion, suspend user access to its services or exclude one or more of the advertisings placed by the user, in case such user has used it in such a way which goes against the legal norms in force, or against the Terms of service use disclosed by exterbras.deals.
In view of the fact that exterbras.deals does not appear or act as a party in the transactions for the purchase and sale of products carried out among users, the responsibility for all the obligations resulting therefrom, either fiscal, labor, or of any other nature, shall be exclusively of the users.
exterbras.deals does not guarantee or endorse any advertising carried out by a user, and the latter shall be the sole, direct and exclusive responsible, including for the information it comes to provide on the products offered, as well as for their quality, durability, functionality, conservation status, guarantee or any other condition related to them, for compliance with the terms and conditions of the advertising and for the completion of the commercial transaction carried out with the buyer.
exterbras.deals is not liable for the existence, quantity, quality, condition, integrity or legitimacy of the products offered or acquired by the users, as well as for users’ capacity to contract or for the veracity of the personal or business data inserted by them in their records. exterbras.deals does not grant any guarantee on hidden or apparent vices in the negotiations among users. Each user acknowledges and accepts to be the sole responsible for the products it advertises or for the offers it carries out.
exterbras.deals shall not be responsible for the effective compliance with the obligations assumed by the users. The user acknowledges and accepts that by conducting negotiations with other users or third parties, it does it on its own account and risk, recognizing exterbras.deals as a mere provider of services to make virtual space available for the advertising of product offerings or demands. Under no circumstances shall exterbras.deals be responsible for lost profits or for any other damage and/or loss a user might suffer due to the negotiations carried out, or not, resulting from other users’ conduct.
TAX OBLIGATIONS
The user shall be the sole and full responsible for the tax obligations which may eventually fall on the advertising and/or on completion of the commercial transaction, holding exterbras.deals free and exempt from any burden, duty or responsibility resulting from, or in any way related with the provisions under this clause.
exterbas.deals shall not accept responsibility for the obligations of a tax nature which fall upon the businesses carried out between buying user and selling user. Thus, the selling user which operates as a trader, under the terms of the law in force, shall be responsible for all the obligations deriving from its activities, notably for the taxes incident thereon.
INTELLECTUAL PROPERTY
The intellectual property of all the material presented at exterbras.deals or belonging to its users, including software, data bases, images, files or materials of any other nature and which have their advertising at exterbras.deals contractually authorized exclusively belong to exterbras.deals and/or its users. It is forbidden, without previous authorization in writing by the above identified responsible parties, the reproduction of any exterbras.deals material, being understood as reproduction all possible forms of copies and/or distribution.
The commercial brands presented at exterbras.deals are property of exterbras.deals and/or its users, and the simple presentation of the brands at exterbras.deals shall not be construed as a concession, being equally forbidden the use or any type of reproduction of such commercial brands.
Any undue use of intellectual property or of the commercial brands presented at exterbras.deals shall be characterized as violation to the copyright laws and/or to commercial brands and shall subject the violator to the judicial actions applicable, giving reason for the corresponding indemnification to those harmed, be it to exterbras.deals, or to third parties, without prejudice to losses and damages and lawyer fees.
FREEDOM AND DISCRETIONALITY OF EXTERBRAS.DEALS OPERATION
exterbras.deals reserves itself the right to refuse or remove access to exterbras.deals and/or to its services, at any time, without the need for previous notification, on its own initiative, or also upon requirement of a third party, to that user which fails to comply with the present Terms of Use.
The duration of the service provision by exterbras.deals is undetermined. However, exterbras.deals reserves itself the right to terminate, interrupt or unilaterally suspend, at any time, the provision of services by exterbras.deals and/or any services offered by it, being not necessary previous notice.
exterbras.deals can change, at any time, the present terms of use, with an aim at improving them of the services provided. The new terms of use shall enter into effect immediately after publication at exterbras.deals. The changes to the terms of use shall be in force in relation to negotiations and advertisings already started before the time when they are published. For these, the Terms of use shall be in force with their new wording.
exterbras.deals reserves itself the right to change, restrict, discontinue, and suspend, either temporarily or permanently, the structure, presentation and/or content of exterbras.deals, at any time.
exterbras.deals does not revise, monitor or supervise any of the information, content or data inserted by users.
Any information, products and values published which contain typing mistakes or inaccuracies are the exclusive responsibility of the users.
We recommend users to carry out all the transactions cautiously and using increased common sense. The user should evaluate the negotiation risks, taking into account that it can eventually be dealing with minors or people using false identities.
TECHNOLOGICAL RISKS
All risks deriving from the use of exterbras.deals shall be under user responsibility. If the use results in the need of services or replacement of user materials, property, equipment or information, exterbas.deals shall not be responsible.
Under no circumstances shall exterbras.deals be liable for any direct, indirect and special damages, or for those which result from any facts deriving from the use of exterbras.deals or from any incapacity to use it, or even for any information, products or services obtained through it, or resulting from its use.
exterbras.deals shall not be responsible for any technical and/or operating vices or defects resulting from the user or from third party system.
SYSTEM FAILURES AND MAJOR FORCE
exterbras.deals shall not be responsible for any damages, losses or harm suffered by the user due to failures in Internet, system or server used by the user, resulting from third party conducts user computer failures, telecommunication problems, power failures, strikes, labor disputes, riots, rebellions, civil turmoil, fires, floods, storms, explosions, war or any act of God or major force. exterbras.deals shall not be responsible, either, for any virus which can hit the user equipment as a result of access, use or navigation in the internet, or as a consequence of the transmission of data, files, images, texts or audio.
The user shall be fully responsible for making sure that the configuration of its equipment is fully compatible with the minimum requirements needed to use the service provided by exterbras.deals, being exterbras.deals free and exempt from any responsibility resulting from non-compliance by the user with the provisions under this clause.
Any claim, no matter the nature, must be exclusively addressed to the traders of the products offered.
INDEMNITY
The user shall indemnify exterbras.deals for any demand promoted by other users, advertisers or third parties resulting from any of their illegal activities at exterbras.deals or for their non-compliance with the terms of use and other policies of exterbras.deals, or for violation to any law of third party rights, being under the user responsibility any indemnity for losses and damages, including lawyer fees.
VIOLATIONS TO THE TERMS OF USE
The user acknowledges and accepts that the use of the contents and/or services offered by exterbras.deals shall be on the user’s own account, risk and responsibility.
The user binds itself to use exterbras.deals and all its content and services in accordance with the legislation in force, the morals, public order and the general conditions of use.
The user binds itself to make adequate use of the services and/or contents of exterbras.deals and not employ them to perform activities: (i) illicit; (ii) which constitute crime or transgression; (iii) which go against third party rights and/or which violate the intellectual and industrial property, or any other norms of the current legal system.
The user binds itself not to transmit, introduce, disseminate and place at the disposal of third parties, any type of material and information (content data, messages, drawings, sound and image files, photographs, software, etc.) which are contrary to the civil and criminal legislation in force, to the morals, public order and to the current general conditions of use and, depending on the case, to particular conditions. As an illustration, and under no hypothesis as a limitation or exclusion, the User binds itself:
(i) not to introduce or disseminate contents or advertising of a racist, xenophobe, pornographic, arms, terrorist nature or which attempt against human rights; (ii) not to introduce or disseminate in the network any software (virus and malicious software) which can cause damages to the computer systems of the service provider, to computer systems of the website/applications or to third party users of the Internet network; (iii) not to disseminate, transmit or make available to third parties any type of information, element or content which attempts against the fundamental rights and the public freedom acknowledged by the legislation in force and against any international treaties in effect; (iv) not to disseminate, transmit or make available to third parties any type of information, element or content which constitutes illicit or dishonest publicity; (v) not to transmit unsolicited or non-authorized publicity, or non-authorized advertising material, spams, chain e-mails, marketing pyramids, or any other form of solicitation, except in areas (such as commercial spaces) which have been exclusively conceived for such use; (vi) not to introduce or disseminate any information which content is false, ambiguous or inexact, in such a way to induce eventual receivers of such information to errors; (vii) not to use log-in passwords to the different services and/or contents of owned by other users, so as to harm or cause damages to the mentioned users; (viii) not to disseminate, transmit or place at the disposal of third parties any type of information, element or content which implies violation to intellectual and industrial property, patents, trademarks or copyright owned or proprietary of exterbras.deals or of third parties; (ix) not to disseminate, transmit or place at the disposal of third parties any type of information, element or content which implies violation to the secrecy of the communications or of privacy; (x) not to include in the webpages of exterbras.deals any contents which: (i) indicate, promote or praise sexual, racial, religious discrimination, or violation to the fundamental rights and to the freedom recognized by international laws; (ii) induce or incite exterbras.deals users to act illegally or which lead the mentioned users to wrong conclusions due to inaccuracy, omission or similar ones; (iii) contain false, ambiguous or inexact information; (iv) violate constitutional norms or regulations on the secrecy of the communications, to intellectual property, to the right to honor and personal intimacy, or which incorporate contents, messages or products of a violent or degrading character, or also protected by the current legal system.
Any user which violates the present Terms of use shall be notified to stop the irregular practice, without prejudice to the legal commination which such irregularities come to create, and the service contracted can be interrupted until the irregularity is definitely settled.
GENERAL PROVISIONS
The users are hereby fully and absolutely forbidden to commercialize, reproduce, redistribute, recirculate or retransmit, in any form and under any title, as well as to copy, reproduce, download, republish, sell, distribute or resell any information, text, images, charts, video clips, sound, directories, files, data bases or lists, on the information contained at exterbras.deals, to themselves or to third parties, or to digest or use any content of exterbras.deals for the purpose of use or operation of any company which competes with exterbras.deals or in any other way explores the content of exterbras.deals, either directly, indirectly or by means of robots, spiders, automatic devices or manual processes. It is forbidden the use of any content or materials of exterbras.deals for any purpose other than those expressly allowed under the present Terms of use.
exterbras.deals does not hold control over websites or users or of third parties, does not control such websites and, therefore, is not responsible for the contents of such websites, products or services contained therein.
The user of exterbras.deals cannot take any measure which can compromise the integrity of the system or the network of exterbras.deals and/or of any other user, or obtain non-authorized access to such systems or computer networks.
The user cannot take any measure which might compromise the integrity of the exterbras.deals feedback system, as for example, leave a positive feedback using a secondary member ID, or through third parties, or leave a negative feedback without grounds to another user.
By publishing or exhibiting any information as user content, the user grants to exterbras.deals an irrevocable, perpetual, global license, exempt from royalties and which can be sub-licensed, to exhibit, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate and in any other way use any part or all of the user content, in any form, which can be beneficial for the user business.
The user of exterbras.deals ensures and agrees that it has full powers and authority to accept these terms of use and make use of exterbras.deals only for commercial purposes and that the address informed upon registration with exterbras.deals is its main address and further ensures that such information and all those informed upon its registration are true, exact, current and complete and that it shall maintain and/or immediately change such information to hold them true, exact, current and complete.
The user of exterbras.deals ensures and agrees that it is the sole responsible for obtaining all the licenses required from third parties and permits on any user content and offer posted or exhibited and that any user content and offer posted or exhibited does not violate any copyright, patents, trademarks, commercial names, commercial secrets or any other right or personal rights or property rights of any third party; that it has the right and authority to sell, commercialize, distribute, export the product or products described in the offers conducted and the sale of such product or products does not violate any third party right and is not the object of any commercial restriction, sanction or any other, or of other legal restrictions existing in any country or international organization.
The user of exerbras.deals ensures and agrees that all the information posted at exterbras.deals are: true, exact, complete and lawful – that are not false or deceitful – that they do not contain any information which is defamatory, obscene, offensive, sexually explicit or harmful to minors – which it does not contain discriminatory information on race, sex, religion, nationality, disability, sexual orientation or age – that they do not violate laws and regulations, including those which regulate export control, consumer defense, unfair competition, misleading advertising or promote any activity or content which might violate laws and other applicable regulations – that they do not contain any direct or indirect link to any other website and which includes any content which might violate these Terms of use.
The user of exterbras.deals acknowledges and agrees that the offers it makes on its products shall only be to other companies and not to individual consumers or for personal use.
exterbras.deals reserves itself the right at its exclusive discretion, to reject or remove any user record or offer which violates the present Term of use, is considered unlawful or might harm the image of exterbras.deals.
exterbras.deals reserves itself the right to fully cooperate with governmental authorities or with third parts damaged in any investigation of suspected penal or civil crime, being allowed to disclose the identity and user information, in case it is so requested by the governmental authority, any third party damaged or upon judicial summons. exterbras.deals shall not be responsible for damages or results deriving from such disclosure, and the user binds itself not to file any lawsuit or claim against exterbras.deals for such disclosure.
In case a user has violated the present Terms of use, exterbras.deals reserves itself the right to publish such violation in exterbras.deals website and cancel such user registration with exterbras.deals.
exterbras.deals recommends that all transactions are cautiously carried out and with common sense. The user must evaluate the negotiation risks, taking into account that it can eventually be dealing with minors or people using false identities, except for the responsibilities resulting therefrom in view of the norms under the present Terms of use.
The present Terms of use do not generate any society contract, mandate or labor relation between exterbras.deals and its users. The users acknowledge being aware that exterbras.deals is not a party in any transaction carried out among users, neither does it hold any control on the quality, safety or legality of the products advertised by users, on the veracity or accuracy of the advertisings elaborated by users and on the capacity of users to negotiate. exterbras.deals can neither guarantee the success of any transaction carried out between users, nor can it verify the identity or the user personal data. exterbras.deals does not guarantee the veracity of any publications from third parties which are shown at exterbras.deals and shall not be responsible for any correspondence or contracts which the user carries out with any third parties.
exterbras.deals shall publish translations into English and Spanish of the present Terms of use, clarifying that the referred to translations are provided for convenience only and that the original version in Portuguese is the one that governs the service of exterbras.deals.
INTELLECTUAL PROPERTY RIGHTS
The present Terms of use are registered with the 3rd Notary Office of Registration of Titles and Documents in the City of Curitiba, State of Paraná, in the Federative Republic of Brazil.
exterbras.deals is the sole owner of all intellectual property rights and of the entire content of the website exterbras.deals, worldwide protected by copyrights. All rights reserved by exterbras.deals.
ACCEPTANCE OF THE TERMS OF USE
The use of exterbras.deals shall acknowledge that the user has read, understood and agrees with the conditions under the present Terms of use.
JURISDICTION
The present Terms of use and their acceptance by users are sole and exclusively governed by the laws of the Federative Republic of Brazil and any judicial discussion which arises having as basis their interpretation or application must be judged by the Brazilian courts, being hereby elected the court of the city of Curitiba, State of Paraná, Federative Republic of Brazil, excluding any other jurisdiction, regardless of privileges.