USER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY BROWSING OR USING THIS SITE IN ANY MANNER, YOU ("USER") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND YOU ARE AUTOMATICALLY BOUND BY THE CLAUSES APPLICABLE HERETO. IF YOU DO NOT AGREE TO THE TERMS BELOW, IMMEDIATELY CEASE BROWSING AND DO NOT FURTHER USE THE SITE.
1. Term of the Agreement
VIEIRA DEVELOPMENT grants the USER the right to play its online computer games (available on the website futmanager.com and facebook.futmanager.com), subject to the USER's agreement to all terms and conditions of this Agreement and to the USER's compliance with the Rules of Conduct set forth in this Agreement.
NOTICE TO USERS UNDER 18 YEARS OF AGE AND TO PARENTS OR LEGAL REPRESENTATIVES
USERS UNDER 18 YEARS OF AGE MAY REGISTER OR SIGN UP ON THIS WEBSITE TO PLAY THE GAMES, USE SERVICES, AND PARTICIPATE IN PROMOTIONS ONLY IF DULY REPRESENTED OR ASSISTED, AS PROVIDED IN ARTICLES 1,634 AND 1,690 OF THE CIVIL CODE, BY THEIR LEGAL REPRESENTATIVES OR GUARDIANS, WHO SHALL BE CIVILLY LIABLE FOR ANY AND ALL ACTS PERFORMED BY SUCH MINORS WHILE USING THE SITE.
LEGAL REPRESENTATIVES SHALL BE LIABLE FOR ANY AND ALL UNLAWFUL ACTS PERFORMED BY MINORS WHILE USING THE WEBSITE.
IF YOU, USER, ARE UNDER 18 YEARS OF AGE, ENSURE THAT YOU HAVE READ THIS AGREEMENT WITH YOUR PARENTS OR LEGAL REPRESENTATIVES AND THAT ITS ENTIRE CONTENTS HAVE BEEN FULLY UNDERSTOOD AND APPROVED BY YOU. ANY PERSON UNDER 18 YEARS OF AGE MUST OBTAIN THE EXPRESS CONSENT OF HIS OR HER PARENTS OR LEGAL REPRESENTATIVES BEFORE PROVIDING HIS OR HER EMAIL ADDRESS OR ANY DATA TO VIEIRA DEVELOPMENT THROUGH THIS WEBSITE.
REGISTRATION OR SIGN-UP OF A MINOR ON THIS SITE, WHICH CONFERS THE RIGHT OF ACCESS TO THE GAMES, IS CONDITIONED UPON THE PROVISION OF THE REQUIRED DATA OF THE LEGAL REPRESENTATIVES.
If you have any questions regarding the terms and conditions of this Agreement or the Rules of Conduct, please contact a VIEIRA DEVELOPMENT customer service representative at the email address [[email protected]].
2. Definitions
(A) "Intellectual Property" means all patents, designs, utility models, copyrights, trade secrets, trademarks, service marks, trade dress, or any other intellectual property rights in or relating to the Games or Technical Information, including the author's exclusive rights.
(B) "Technical Information" means software, know-how, data, test results, layouts, artwork, processes, notes, concepts, and other intellectual information relating to the Games or related thereto, as well as their installation, operation, maintenance, technical support, or use.
(C) "USERS" means all persons who use the services and the rights to use the products provided by VIEIRA DEVELOPMENT upon acceptance of this Agreement and registration of the information required by VIEIRA DEVELOPMENT.
(D) VIEIRA DEVELOPMENT, registered under CNPJ No. 48.348.971/0001-53, owner of the electronic sites http://futmanager.com (hereinafter collectively referred to as the "WEBSITES"), the browsing and use of which by the USER, particularly with respect to participation in games and the acquisition of products or services, shall occur upon the USER's consent to the terms set forth herein.
(E) "FM Coin" is a virtual currency that may be acquired through purchases in our store available on the WEBSITE using the payment methods offered. The credits do not expire and are non-transferable.
3. Amendments
This User Agreement constitutes the entire Agreement between VIEIRA DEVELOPMENT and the USER, and this instrument supersedes any prior agreements between VIEIRA DEVELOPMENT and the USER with respect to its subject matter, without prejudice to other instruments that may govern a scope distinct from that of this Agreement, made available in writing by VIEIRA DEVELOPMENT. This Agreement does not prevail over any additional terms and conditions of which the USER is notified by VIEIRA DEVELOPMENT and that may apply when using third-party content or services.
THE CLAUSES OF THIS AGREEMENT MAY BE AMENDED AND UPDATED AT ANY TIME BY VIEIRA DEVELOPMENT; THEREFORE, REMAIN ALERT TO NOTICES AND REVIEW THEM AGAIN WHENEVER YOU USE THE WEBSITES.
VIEIRA DEVELOPMENT may edit or revise this Agreement at any time in its sole discretion. Such amendment or revision shall become effective upon posting of the revised Agreement on the Websites and shall take effect immediately thereafter. The USER may review the changes to the Agreement inasmuch as, upon the occurrence of such changes, VIEIRA DEVELOPMENT shall post notices on the Websites by means of banners (pop-up type) or disclaimers communicating the change.
The USER hereby agrees to review this Agreement through regular access to the Websites in order to become aware of any future revisions and amendments. If any revision or amendment becomes unacceptable to the USER, the USER shall have the right to terminate the new Agreement and shall no longer be able to access the games.
CONTINUED USE OF THE SERVICES BY THE USER AFTER POSTING OF THE REVISED AGREEMENT SHALL BE DEEMED TACIT ACCEPTANCE OF SUCH AMENDMENTS.
4. Description of the Service
VIEIRA DEVELOPMENT grants the right to use the games available and accessible via the Internet at the following addresses: http://futmanager.com. VIEIRA DEVELOPMENT reserves the right to change the URL address of the Websites at any time from time to time, with due notice to the USERS.
Any USER who wishes to use the Service will be required to establish an account with FUTMANAGER. VIEIRA DEVELOPMENT will not provide Internet access, and the USER is solely responsible for obtaining the resources necessary for Internet access, as well as all fees and costs associated with the USER's connection.
5. User Obligations, Registration, and Security
To use the Service provided by VIEIRA DEVELOPMENT, the USER must complete a registration form containing an email address, a password, first name, last name, address, neighborhood, city, state, ZIP/postal code of residence, date of birth, gender (male or female), home telephone, and mobile telephone, duly indicated as mandatory or optional.
A USER UNDER 18 (EIGHTEEN) YEARS OF AGE MUST COMPLETE A REGISTRATION FORM CONTAINING THE FULL NAME, COMPLETE ADDRESS, AND CONTACT TELEPHONE NUMBER OF HIS OR HER PARENTS OR LEGAL REPRESENTATIVE(S), UNDER PENALTY OF THE REGISTRATION BEING INVALIDATED.
The USER undertakes to provide true, accurate, and complete information about himself or herself on the registration form, as well as on any other forms presented on the Websites of VIEIRA DEVELOPMENT and/or its partners. The USER undertakes to keep such information always up to date by means of changes and additions to his or her user profile.
VIEIRA DEVELOPMENT declares, and the USER agrees, that VIEIRA DEVELOPMENT has no obligation to verify the accuracy of the information transmitted by USERS or by any other person. Accordingly, the parties agree that the content of the information or messages sent through this registration is the sole responsibility of the person who sent them, or of their parents or legal representatives, where applicable, and VIEIRA DEVELOPMENT is exempt from liability for any consequences of such messages, without prejudice to VIEIRA DEVELOPMENT's right to seek appropriate indemnification against the party that caused them.
If any information provided is not true, accurate, complete, and/or current, or if VIEIRA DEVELOPMENT has reasonable grounds to suspect that the information is not true, accurate, complete, and/or current, VIEIRA DEVELOPMENT shall have the right to suspend or cancel the USER's right to use the Service, as well as to refuse any current or future Service until the information provided is true, accurate, complete, and/or current, pursuant to the paragraph below.
The USER's right to rectify any information submitted to VIEIRA DEVELOPMENT is hereby reserved. However, the USER's right of rectification shall not preclude or supersede VIEIRA DEVELOPMENT's right to seek appropriate indemnification where erroneous information gives rise to any damage and/or loss to VIEIRA DEVELOPMENT or to third parties during the period prior to rectification by the USER. For purposes of this Agreement, any rectification by the USER shall take effect only as of the rectification.
The USER acknowledges and agrees that VIEIRA DEVELOPMENT may refuse to grant a username that is already in use, that may be (i) unlawful, (ii) protected by personality rights, trademark, and/or other rights, (iii) obscene or profane, and/or (iv) deemed inappropriate by VIEIRA DEVELOPMENT in its sole discretion.
The USER agrees to be responsible for all acts and omissions that occur in connection with his or her password. The USER agrees to keep his or her password confidential and to notify VIEIRA DEVELOPMENT if the USER believes that his or her password has been compromised or breached. The USER acknowledges that VIEIRA DEVELOPMENT does not protect the USER against unauthorized use of his or her password.
VIEIRA DEVELOPMENT SHALL NOT BE LIABLE IF THE PASSWORD IS DISCLOSED AND/OR PROVIDED TO ANY THIRD PARTY SOLELY AND EXCLUSIVELY THROUGH THE FAULT AND DISCRETION OF THE USER.
VIEIRA DEVELOPMENT SHALL NOT BE LIABLE FOR THE SECURITY OF CONNECTIONS WHEN MADE OUTSIDE ITS WEBSITES AND DOMAINS, OR THAT DEPEND EXCLUSIVELY ON THIRD-PARTY SERVICES.
IN THE EVENT OF LOSS, THEFT, OR MISPLACEMENT OF THE PASSWORD, OR IN THE EVENT OF ANY TECHNICAL PROBLEM IN ITS USE, THE USER SHALL IMMEDIATELY NOTIFY VIEIRA DEVELOPMENT THROUGH THE SUPPORT OFFERED ON THE WEBSITES TO ENABLE VIEIRA DEVELOPMENT TO IMMEDIATELY CANCEL ACCESS BY MEANS OF THE RESPECTIVE PASSWORD.
6. Account Opening
Accounts are available to any individuals and Internet USERS. To use the Service, the USER must complete the registration process, open an Account in his or her name, and accept full responsibility for all obligations described in this Agreement.
ONLY ONE PERSON MAY USE AN ACCOUNT, AND YOU SHALL BE RESPONSIBLE FOR ALL ACTIVITIES THROUGH YOUR ACCOUNT.
(a) If the USER opens an account by providing third-party information and VIEIRA DEVELOPMENT requires the USER's data for any justified reason, the USER undertakes to provide all requested data, under penalty of having the Account suspended or canceled, at VIEIRA DEVELOPMENT's discretion, for failure to comply with the conditions of this Agreement and/or the Rules of Conduct established or located on the Websites, until such requested information is provided. If the request is not complied with, the Account shall be permanently canceled.
(b) Account. The USER agrees that the USER does not own the Account used to access the Service, the items stored on these servers, and/or any other data residing on the servers or in the accounts. The Account created is necessary to log in for use of the Service, and any fee the USER may pay shall serve for continued access to the Service and not for the acquisition of ownership. THE USER AGREES THAT THE USER IS MERELY A USER TO WHOM RIGHTS TO USE THE GAMES HAVE BEEN GRANTED, AND THAT THE ACCOUNT, CHARACTERS, ITEMS, AND ANY OTHER DATA ARE THE PROPERTY OF VIEIRA DEVELOPMENT AND/OR ITS PARTNERS, AS APPLICABLE.
(c) Passwords. At the time the Account is opened, the USER must select a password. The USER is solely and exclusively responsible for maintaining the confidentiality of his or her password. Such responsibility extends to any damage resulting from disclosure, from permitting disclosure of the password, and/or from use by any third party to gain access to the Account. UNDER NO CIRCUMSTANCES SHALL THE USER RESPOND TO AN ONLINE PASSWORD REQUEST. VIEIRA DEVELOPMENT WILL NEVER REQUEST YOUR PASSWORD OFFLINE OR ONLINE, EXCEPT FOR THE REQUEST FOR YOUR PASSWORD AS PART OF THE LOGIN PROCESS.
(d) Former Members. Former members whose Accounts have been canceled by VIEIRA DEVELOPMENT may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of VIEIRA DEVELOPMENT.
(e) Related Accounts. If VIEIRA DEVELOPMENT cancels an Account, it may cancel any other accounts that share the same name, CPF number, email address, postal address, or Internet Protocol address of the canceled account.
Regarding Account Cancellation, please carefully read Section 9 below.
7. Charges for the Services
(a) Participation Fee. The current Participation fees are free of charge.
(b) Optional Fees. If the member wishes to purchase any game item, the fees relating to such purchase shall be charged individually according to the options available in the Store on the respective Websites.
All fees shall be denominated by reference to the Brazilian Real of the Federative Republic of Brazil.
8. Indemnification
The USER agrees to indemnify, defend, and hold harmless VIEIRA DEVELOPMENT and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Clients, customers, and contractors from and against any loss, claim, demand, cost, or expense (including attorneys' fees and court costs) asserted by any third party as a result of the USER's use of the Service and/or its Content, the USER's breach of the terms of this Agreement, or the USER's violation of any rights of any other user, directly or indirectly. In the event of any third-party claim that may affect VIEIRA DEVELOPMENT and/or include it as a defendant in a lawsuit, the USER hereby agrees to seek the exclusion of VIEIRA DEVELOPMENT from such action, assuming full responsibility in the respective action.
9. Cancellation
The Account may be canceled:
1) By the USER: (i) for any personal reason; (ii) for disagreement with the terms of use or any other publicly available rule.
2) By VIEIRA DEVELOPMENT if (i) the account in question has committed unlawful acts against the game rules or offenses against VIEIRA DEVELOPMENT and/or third-party partners of VIEIRA DEVELOPMENT and/or other USERS; (ii) the account has remained without access by its USER for 90 days (inactive); (iii) termination of the game service by company policy or other reasons; and (iv) closure of the company providing the game service(s).
The USER may cancel or terminate his or her account at any time, without charge, in accordance with the procedure determined on each Website.
VIEIRA DEVELOPMENT reserves the right to cancel the Service at any time, without prior notice, pursuant to the paragraph below, for the USER's failure to comply with the rules of this Agreement and the Rules of Conduct governing each Website, which affects the progress of the game and harms VIEIRA DEVELOPMENT, other users, and third parties, and is thereby deemed unacceptable conduct pursuant to Section 14 of this Agreement, which gives rise to cancellation of the account.
The USER shall be notified of the cancellation of the Account and shall have the right to present a defense upon the next login attempt and request for maintenance of the Account. The USER shall submit all evidence, data, and/or documents that VIEIRA DEVELOPMENT may request for reactivation of the Account. VIEIRA DEVELOPMENT shall review the evidence, data, and/or documents and, upon verifying that the USER is in the right, shall reactivate the Account.
If the USER is not in the right or has not provided all requested data and documents, the Account shall be definitively canceled, which shall result in:
(1) The USER having no right to ANY refund or proration of any fees;
(2) The USER losing any teams created, items accumulated, and/or credits acquired under any title, and having no right to transfer, sell, or convey any asset to any other person;
(3) The USER not being permitted to access the Service in any manner or for any reason, including through any other account.
VIEIRA DEVELOPMENT SHALL NOT BE LIABLE FOR THE CANCELLATION OF AN ACCOUNT DUE TO USER ERROR IN COMPLETING DATA OR THE PROVISION OF FALSE, INCORRECT, AND/OR NONEXISTENT DATA. IN SUCH CASES, THE USER IS SOLELY RESPONSIBLE FOR THE ACCOUNT AND SHALL NOT HAVE THE ACCOUNT RESTORED OR REACTIVATED IF IT IS CANCELED. ACCORDINGLY, IT IS THE USER'S RESPONSIBILITY TO CAREFULLY VERIFY THE DATA TO BE COMPLETED AND PROVIDED.
VIEIRA DEVELOPMENT may terminate this Agreement (including the Software license and the Account) immediately, with due notice, if you infringe any intellectual property rights, if VIEIRA DEVELOPMENT is unable to verify or authenticate any information the USER has provided, and/or if games, chats, or any player activity occur that are deemed inappropriate and/or that violate the spirit of the game as described in this Agreement or in the Rules of Conduct of each Website.
Cancellation of this Agreement under the circumstances described in this Agreement and/or in the Rules of Conduct of each Website shall result in loss of access to your Account.
10. Intellectual Property
VIEIRA DEVELOPMENT owns material protected by intellectual property rights, including trademarks, text, software, photographs, video, graphic material, music, and sound. The entire content of each area contained on the Websites is registered as a collective work made for hire under the final technical and artistic direction of VIEIRA DEVELOPMENT, in accordance with applicable laws, including the Copyright Laws of the Republic. VIEIRA DEVELOPMENT owns the Copyrights in the selection, coordination, organization, and enhancement of such content. The USER may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, and/or in any way exploit any content existing on VIEIRA DEVELOPMENT, including, without limitation, content that the Websites permit the USER to download, without the express permission of VIEIRA DEVELOPMENT and of the Copyright owner.
If copying, redistribution, or publication of copyrighted material is permitted, no alteration or deletion of authorship, trademark, legend, or Copyright notice shall be made. Download of copyrighted material by the USER from VIEIRA DEVELOPMENT is expressly permitted for the USER's own use of the services offered on the Website. The USER acknowledges that VIEIRA DEVELOPMENT and/or third-party content providers remain the owners of all materials posted on VIEIRA DEVELOPMENT and that the USER acquires none of said Copyrights by downloading copyrighted materials.
11. Liability
THE USER ACKNOWLEDGES AND AGREES THAT VIEIRA DEVELOPMENT AND/OR ITS PARTNERS SHALL NOT ASSUME AND SHALL HAVE NO LIABILITY FOR ANY ACTION BY VIEIRA DEVELOPMENT AND/OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO THE CONDUCT, COMMUNICATION, OR CONTENT OF THE SERVICES.
VIEIRA DEVELOPMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY VIEIRA DEVELOPMENT.
THE LIABILITY OF VIEIRA DEVELOPMENT AND THE USER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND ALL CONTENT AND SOFTWARE DEVELOPED BY OR FOR VIEIRA DEVELOPMENT'S SERVICES THAT ARE DEEMED DEFECTIVE SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY THE USER FOR THE DEFECTIVE SERVICE, LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME DURING WHICH IT FUNCTIONED PROPERLY.
THE LIABILITY OF VIEIRA DEVELOPMENT TO THE USER ARISING FROM ANY BREACHES OF THIS AGREEMENT IS LIMITED EXCLUSIVELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY THE USER TO ACCESS AND USE THE SERVICES.
THE USER AGREES THAT VIEIRA DEVELOPMENT CANNOT BE HELD LIABLE OR SUBJECT TO LIABILITY DUE TO ANY EVENT THAT OCCURS OR RESULTS FROM ACCESS TO OR SUBSCRIPTION TO THE SERVICE BY REASON OF FORCE MAJEURE OR ACT OF GOD, BEYOND THE ACTION, OMISSION, OR WILL OF VIEIRA DEVELOPMENT.
12. Privacy
The personal information that the USER may provide to VIEIRA DEVELOPMENT during registration shall be used solely and exclusively for our internal purposes. The information collected shall be used to ascertain what pleases the USER and to improve the Service. "Cookies" will not be used at any time.
Except where previously and expressly permitted by this Agreement or otherwise expressly authorized by the USER, VIEIRA DEVELOPMENT shall not provide any of the personal information provided to third parties.
VIEIRA DEVELOPMENT does not guarantee the security of any of our private transmissions against interception or unauthorized or unlawful access by third parties in connection with the USER's connection.
VIEIRA DEVELOPMENT may disclose any information provided by the USER to private or public entities, law enforcement agencies, or government officials to the extent that VIEIRA DEVELOPMENT, in our sole discretion, believes such disclosure is necessary to investigate or resolve possible problems or issues when required by law and/or by court order.
Upon requesting any technical support, the USER consents to remote access to and review of the computer by VIEIRA DEVELOPMENT and/or another third party expressly authorized by VIEIRA DEVELOPMENT for purposes of Software download for support and virus removal.
The USER and VIEIRA DEVELOPMENT shall communicate by email and/or any similar technology for any purpose relating to the Service, the Software, and any services or software that may be provided by VIEIRA DEVELOPMENT and/or on behalf of VIEIRA DEVELOPMENT in the future.
13. Warranties
The USER acknowledges that the Internet, as a worldwide computer network to which any person may have access, is not a fully secure medium. To mitigate risks, as a mere act of liberality, VIEIRA DEVELOPMENT shall make available technical resources intended to prevent or mitigate the risks inherent in the Internet. However, in the event of use of the Website through the Internet, VIEIRA DEVELOPMENT shall under no circumstances be liable for losses of any kind, including but not limited to those arising from disclosure of information to third parties or loss of data, arising directly or indirectly from use of the Website, caused to the USER.
THE USER EXPRESSLY AGREES THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT THE USER USES THE SERVICE AT HIS OR HER OWN RISK. VIEIRA DEVELOPMENT AND ALL SERVICE PROVIDER CLIENTS EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OF THE WEBSITE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER VIOLATIONS OF RIGHTS ARISING FROM THE USER'S USE OF THE WEBSITE.
VIEIRA DEVELOPMENT RESERVES THE RIGHT TO CHANGE THE GAME RULES FOR THE PURPOSE OF CONTINUALLY EVOLVING THEIR DYNAMISM. RULE CHANGES THAT IMPACT USABILITY, EVEN INDIRECTLY, SHALL ALWAYS BE COMMUNICATED TO USERS IN ADVANCE, WITH A MINIMUM OF THREE DAYS' NOTICE BEFORE THE CHANGE TAKES EFFECT, SO THAT USERS ARE NOT CAUGHT BY SURPRISE BY ANY GAME CHANGES.
THE USER AND HIS OR HER LEGAL REPRESENTATIVE, WHERE APPLICABLE, DECLARE, ACKNOWLEDGE, AND ACCEPT THAT (A) THE CURRENT STATE OF THE ART DOES NOT PERMIT THE DEVELOPMENT OF COMPUTER PROGRAMS ENTIRELY FREE OF FLAWS OR DEFECTS AND THAT, ACCORDINGLY, VIEIRA DEVELOPMENT CANNOT GUARANTEE THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR FREE OF FLAWS OR DEFECTS; AND (B) THE WEBSITE WAS NOT DEVELOPED TO THE USER'S ORDER, BUT FOR GENERIC USE, FOR WHICH REASON VIEIRA DEVELOPMENT CANNOT GUARANTEE THAT IT WILL MEET ANY SPECIFIC NEEDS OF THE USER.
VIEIRA DEVELOPMENT AND ALL SERVICE PROVIDER CLIENTS MAKE NO REPRESENTATION AND PROVIDE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL SATISFY THE USER'S PARTICULAR EXPECTATIONS.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR OTHER DATA OBTAINED THROUGH DOWNLOAD OR OTHERWISE THROUGH USE OF THE SERVICES IS DONE AT THE USER'S SOLE DISCRETION AND RISK. THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIALS OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIEIRA DEVELOPMENT OR FROM SERVICE PROVIDERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THE AGREEMENT.
14. Unacceptable Conduct
The USER may not engage in any conduct or communication while using the Services that is unlawful and/or that restricts or inhibits any other user in the use or enjoyment of the Services. The USER agrees to use the Services only for lawful purposes. VIEIRA DEVELOPMENT reserves the right to cancel the USER's use if it considers, in its sole discretion, that the USER engages in unacceptable conduct that violates any of the terms of this Agreement and/or the Rules of Conduct of each Website.
The list of prohibited conduct set forth in the Subsection below provides EXAMPLES of unacceptable conduct; such list is not exhaustive, and VIEIRA DEVELOPMENT reserves the right, but not the obligation, to restrict conduct that it considers, in its discretion, harmful to individual users and detrimental to the Services or in violation of the rights of VIEIRA DEVELOPMENT or the rights of any third party. VIEIRA DEVELOPMENT may prohibit or delete conduct, communication, or content transmitted on the services that is in violation of applicable laws or that is harmful to other users, to the services community, and/or to the rights of VIEIRA DEVELOPMENT in general. The USER acknowledges, however, that communication during the Services occurs in real time and that VIEIRA DEVELOPMENT cannot, and does not intend to, screen communication in advance.
14.1. UNDER PENALTY OF BEING SUBJECT TO THE APPLICABLE LEGAL SANCTIONS, AS WELL AS HAVING ACCESS TO THE WEBSITE DENIED WITHOUT ANY COMPENSATION OR REIMBURSEMENT, THE USER UNDERTAKES NOT TO USE ANY SERVICES TO:
A) Harass, threaten, or embarrass another user of the Services, or to cause distraction, unwanted attention, or discomfort to the user or to any other person or entity.
VIEIRA DEVELOPMENT does not approve any form of harassment and may suspend or cancel the account of any USER who harasses others. Personal attacks, such as those based on race, national origin, ethnicity, religion, gender, lifestyle choice, or disability of persons, or on other such categories, are strictly prohibited.
B) Post or transmit sexually explicit images and/or indications or references to such images. The transfer and/or posting of sexually explicit images or other content deemed offensive is strictly prohibited.
C) Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, and/or racially, ethnically, and/or otherwise abusive.
If the USER uses abusive or vulgar language online, even if disguised by symbols or other characters, and/or engages in inadmissible behavior, the USER may receive a warning or be temporarily or permanently excluded from one or more games, bulletin boards, and chat areas.
D) Impersonate another person, including posing as employees, monitors, or hosts of VIEIRA DEVELOPMENT. The USER may not impersonate or present himself or herself as a staff member, user, or employee of VIEIRA DEVELOPMENT while engaging in other forms of online communication, including usernames, user profiles, voice, text, or graphic chat, message postings, or any form of online communication.
IMPERSONATING A MEMBER OF THE STAFF OF OR OF VIEIRA DEVELOPMENT SHALL CONSTITUTE GROUNDS FOR IMMEDIATE CANCELLATION OF THE ACCOUNT WITHOUT THE RIGHT OF CURE PROVIDED FOR IN THE PARAGRAPHS OF SECTION 9 ABOVE.
E) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or in any area of the Services. Disruptive behavior shall mean conduct that intentionally interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, without limitation, commercial or advertising postings or solicitations.
F) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary burden on the Services and is considered a nuisance to many users. Certain types of chain letters and pyramid schemes are also unlawful. Such prohibited conduct includes the transmission of letters or messages offering a product or service that are based on a chain-letter structure.
G) Posting or transmission of advertising or promotional materials and/or other forms of solicitation. VIEIRA DEVELOPMENT services must not be used to send unsolicited advertising, promotional material, and/or other forms of solicitation to other users. The USER may not use VIEIRA DEVELOPMENT's services to collect or "harvest" usernames without the express permission of such users. VIEIRA DEVELOPMENT reserves the right to block and/or filter solicitations by means of mass email on or through the service.
H) Violate any policy rule or operational guideline or any other online service. The USER further agrees to obey the rules of the User's Internet service provider.
I) Violate, whether intentionally or not, any local, state, national, or international law or regulation.
J) Modify any files that VIEIRA DEVELOPMENT has not specifically authorized the user to modify. The use of material that is subject to the rights of any person or entity without the express permission of the holder of such rights is prohibited and shall result in cancellation of the USER's use and possible civil and/or criminal liability.
VIEIRA DEVELOPMENT may take action with respect to a USER's Account if any of the following offenses is reported: (a) Posting of an identical or similar message 5 times; (b) Sending of unsolicited messages to more than 30 people. Repeated spam may result in account cancellation.
IN CERTAIN SITUATIONS, THE PATTERN OF BEHAVIOR ON AN ACCOUNT OR ON A SET OF ACCOUNTS MAY BE DEEMED DISRUPTIVE OR ABUSIVE, EVEN IF NO ACT INDIVIDUALLY VIOLATES ANY SPECIFIC POLICY. IN SUCH CASES, VIEIRA DEVELOPMENT RESERVES THE RIGHT TO DETERMINE WHICH PATTERNS OF BEHAVIOR ARE DEFINED AS "HIGH-MAINTENANCE" OR "DISRUPTIVE" AND MAY TAKE MEASURES AGAINST THE ACCOUNT(S), RANGING FROM A REQUEST TO MODERATE THE "HIGH-MAINTENANCE" BEHAVIOR TO THE CLOSURE OF ALL RELATED ACCOUNTS.
15. Service Interruption
(a) VIEIRA DEVELOPMENT reserves the right to interrupt the Service occasionally, whether on a regular basis or not, with due prior notice, in order to perform maintenance.
(b) The USER acknowledges that the Service may be interrupted for reasons beyond VIEIRA DEVELOPMENT's control, and that in such circumstances VIEIRA DEVELOPMENT cannot guarantee that the USER will be able to access the Service or Account whenever the USER wishes to do so. VIEIRA DEVELOPMENT cannot be held liable for any interruption, delay in the service, or inability to perform it due to any causes beyond its control, act of God, or force majeure.
16. General
A failure by VIEIRA DEVELOPMENT or Service Providers to exercise their rights or to insist upon the USER's obligations hereunder shall not constitute a waiver or abandonment of those or other rights governed by this Agreement.
If any provision of this Agreement is held by a Court or Tribunal of competent jurisdiction to be invalid, the parties nevertheless agree that such Court or Tribunal shall endeavor to give effect to the parties' intentions as reflected in said provision, and that the other provisions of this Agreement shall remain binding and in full force and effect.
The terms of this Agreement, together with any separate written or online agreement between the USER, VIEIRA DEVELOPMENT, and/or Service Providers (including the Adult Content Agreement, if applicable), constitute a single and complete agreement and supersede any prior agreements entered into between the USER, VIEIRA DEVELOPMENT, and/or Service Providers (including all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, if applicable).
The terms of this Agreement and the relationship between the USER, VIEIRA DEVELOPMENT, and/or Service Providers shall be governed by and construed in accordance with the laws of Brazil, and said parties agree to submit to the jurisdiction of such courts.
Section headings in the terms of this Agreement are for convenience only and have no legal or contractual effect or meaning.
The USER agrees that any article or design ("Works") posted on the Website by the USER may be used by VIEIRA DEVELOPMENT on an exclusive basis, without any right to compensation or indemnification to the USER, nor shall the USER have any right to any claim arising from use or infringement of copyright and/or intellectual property rights.
For all legal purposes, the USER hereby assigns and in fact ratifies the assignment to VIEIRA DEVELOPMENT, fully, exclusively, and definitively, of all property rights, including further patrimonial rights, use, and exploitation, over any and all Works, undertaking not to use them and/or contribute to their use by third parties with whom the USER may relate, at any time, except if previously authorized in writing by VIEIRA DEVELOPMENT. It is expressly agreed that the assignment of property rights, including further patrimonial rights, use, and exploitation, over the Works shall be valid within and outside Brazilian territory, irrevocably and without any cost to VIEIRA DEVELOPMENT, conferring upon the latter the right to modify, translate into any language, edit, publish, display, reproduce, adapt, distribute, perform, transmit and/or disclose, license and/or assign to third parties such Works and/or such rights, including them as part of derivative and/or collective works organized by third parties or by VIEIRA DEVELOPMENT, at any time, unconditionally, and may use them in any process, medium, or technique, such as reprographic, photographic, videophonographic, phonographic, cable communications, transmission (radio and television), by satellite or any other process, electromagnetic or otherwise, including online communication available on the Internet. It is previously agreed between the parties that VIEIRA DEVELOPMENT and/or any third party engaged by it are permitted the unconditional reproduction of any Works, even if not in absolute conformity with the original work, also dispensing with citation of the USER's name, where applicable, as author. The USER warrants that the USER will not apply for, or contribute to anyone applying for, any patent application, or register, directly or indirectly, intellectual property rights relating to any Work and/or intellectual property of VIEIRA DEVELOPMENT, and will not publish or allow third parties to publish such Works, nor disclose or contribute to any information about the Works being disclosed, without prior written authorization from VIEIRA DEVELOPMENT.
17. Medical Precautions
It is known that a very small percentage of individuals may experience epileptic seizures when exposed to certain test patterns produced by flashing lights, certain types of noise, prolonged reading, sleep deprivation, fatigue, hypoglycemia (low blood sugar level), etc. Exposure to certain test patterns with computer games or video games may induce a seizure in such individuals. In addition, certain circumstances may induce epilepsy symptoms even in persons who have no history of epileptic seizures. If the USER or any member of the USER's family has epilepsy, consult your physician before playing.
The USER must IMMEDIATELY stop playing and consult a physician if symptoms appear such as: absence seizures, perceptual distortions, uncontrolled movements of a part of the body, sudden fear, nausea, distortions in hearing and/or vision, or loss of consciousness.
18. Notices
Notices may be sent to USERS, or the USER may send notices to VIEIRA DEVELOPMENT, by email, support, or regular mail.
The Service may also provide notice of any changes to the terms of this User Agreement or other matters relating to the Service by displaying notices or links to notices generally about the Service.
19. Violations
Please report any violations of the Terms of Agreement to our legal compliance department by email sent to [[email protected]]
20. International Use
We make no representation that any content of the Websites is appropriate or available for use in locations outside Brazil. Accessing the Websites from territories where the content is unlawful is prohibited. If you choose to access the Websites from a location outside Brazil, you do so on your own initiative and you are responsible for compliance with local law.
21. Awards.
VIEIRA DEVELOPMENT grants awards to the best players. The awards are sent on prepaid cards loaded with the amounts of each award according to the team's position in the game and the award description that may be found on the WEBSITE. After winning the award, the USER must submit the requested data to VIEIRA DEVELOPMENT for the award to be released. If the USER does not contact VIEIRA DEVELOPMENT to provide the information within fifteen days after such information is requested, the right to the award shall be REVOKED. The period for receipt of the award is up to one month after submission of the requested information.
If the USER is a minor, the legal guardian's data must be submitted for the award to be released.
22. Governing Law and Venue.
This User Agreement (Use Agreement/License) shall be governed by Brazilian Law, and the Courts of the Judicial District of the City of Ribeirão Preto, State of São Paulo, Brazil, are hereby elected, with waiver of any other venue however privileged, to resolve any dispute arising herefrom.
THE USER, INCLUDING HIS OR HER PARENT OR LEGAL REPRESENTATIVE, WHERE APPLICABLE, EXPRESSLY ACKNOWLEDGES HAVING READ, REVIEWED, AND FULLY ACCEPTED THE CONDITIONS SET FORTH ABOVE, AND UNDERTAKES TO COMPLY WITH THEM IN FULL