|
I. AGREEMENT
Brazilian Mates and its affiliate Cupido Web, Photo Personals and Dating
Service (herein referred to as the “Service”) is an online
Service intended for adults at least 18 years of age. The following paragraphs
outline the terms and conditions of usage (herein referred to as “Terms”).
This agreement and any future modifications and/or additions to this agreement
is a legal agreement between you and Brazilian Mates should you choose
to register as a Member. Please read this agreement carefully before accepting
the terms. By completing the registration process, you agree to these
terms as put forth in this agreement by Brazilian Mates. If you do not
agree with the terms of service, please uncheck the acceptance box provided
in the registration page. By checking “I have read and agree with
the terms of use” provided in the registration page, you indicate
that you accept and agree with all terms and conditions in this agreement.
By completing the registration, you become a member of the service and
agree to be bound by these Terms for as long as you remain a Member. By
registering, you represent and declare you are at least 18 years of age.
Brazilian Mates reserves the right to modify and/or add to these Terms
at any time. By remaining a Member and continuing to use our service,
you indicate that you agree to any future modifications and/or additions.
Either you or Brazilian Mates Service may terminate your Brazilian Mates
Service membership at any time, for any reason, without explanation, effective
upon sending written notice to the other party. Brazilian Mates Service
reserves the right to immediately suspend or terminate your access to
the Brazilian Mates Service, without notice, upon any breach of this Agreement.
Your membership in the Brazilian Mates Service is for your sole, personal
use. You may not authorize others to use your membership, and you may
not assign or otherwise transfer your account to any other person or entity.
Fees or charges for using the Site may be changed at any time.
II. INFORMATION SUPPLIED BY MEMBER
Brazilian Mates will keep confidential all information supplied by you
to Brazilian Mates, including credit card number(s), and shall use or
disclose such information only for the purposes for which such information
was collected, or as required by law. Please see Privacy Statement for
more detailed information concerning confidentiality.
III. PERSONAL DATA
Upon agreement of Terms and submission of registration form, you agree
to: provide complete, accurate, true, and current information about yourself
as prompted by the registration form, profile entry, and billing information
page. You agree to update, maintain, and keep this information complete,
accurate, true, and current. If you supply information that is untrue,
inaccurate, incomplete, or not current, Brazilian Mates reserves the right
to suspend or terminate your membership and your use of the site. You
are solely responsible for the accuracy and content of all information
you submit, publish, or transmit to us, or any other Member of our Service.
We cannot guarantee the accuracy of any information provided by any Member,
nor do we accept responsibility or liability for any content, communication
or other use or access of the service by other Members. We cannot guarantee
that any Member is at least the required age of 18 years, nor do we accept
responsibility or liability for any content, communication or other use
or access of the service by persons under the age of 18 in violation of
these Terms.
IV. MEMBER CONDUCT
By registering and becoming a member, you agree to the following rules
applying to your specific usage of Brazilian Mates Service. You agree
that:
You will use Brazilian Mates Service in a manner consistent with any and
all applicable laws and regulations.
You will not post in your profile, or any other part of our website, or
transmit to other Brazilian Mates Members, any defamatory, abusive, profane,
offensive, inaccurate, obscene, vulgar, harassing, threatening, racially
offensive, libelous, or illegal material, or any material that infringes
or violates the rights of any other person (including, but not limited
to, intellectual property rights, and rights of privacy and publicity).
You will not include in your profile, or any other part of our website,
any offensive anatomical or sexual references, including but not limited
to sexually suggestive or connotative language. You will not post any
photos containing nudity. Brazilian Mates reserves the right, but has
no obligation, to reject any profile or photo that does not comply with
these prohibitions.
You will not include in your profile, or any other part of our website,
any telephone numbers, addresses, family names, E-mail addresses or URL's,
other than where required in the Confidential Personal Information form.
You will not advertise or request any Member to purchase or sell products
or services through our site or any other form of communication through
the Brazilian Mates Service. You will not transmit any chain letters or
junk E-mail to other Brazilian Mates Members. For protection of members
against such conduct, Brazilian Mates has imposed a 50 message-per-day
limit on subscribers.
You are solely responsible for your interactions with other Brazilian
Mates Members. Brazilian Mates reserves the right, but has no obligation,
to monitor and/or mediate disputes between you and other Members.
You will not use Brazilian Mates Service to violate any privacy rights,
proprietary rights, or any other type of civil right of any person.
You will not "stalk" or otherwise harass any person.
You will not impersonate any other person or entity.
You will not state or imply that any statements you make are endorsed
or condoned by Brazilian Mates Service, without our specific prior written
consent.
You will not engage or deploy any robot, spider, site search/retrieval
application, or other manual or automatic device or process to retrieve,
index, "data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Site or its contents.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
You will not post, distribute, introduce, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the
servers or networks Connected to the Services or the Site.
You will not "frame" or "mirror" any part of the Site,
without our prior written authorization.
You will not use meta tags, code, or any other means or devices containing
any reference to Brazilian Mates Service or the Site in order to direct
any person to any other Web site for any purpose, without our specific
prior written consent.
You will not modify, adapt, translate, sublicense, sell, decipher, reverse
engineer, decompile or otherwise disassemble any portion of the Site or
any software used on or for the Site or cause others to do so.
V. INDEMNITY BY MEMBER
You will defend, indemnify, and hold harmless Brazilian Mates Service,
its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorneys'
fees) relating to or arising out of your use of the Brazilian Mates Service,
including:
(i) your breach of this Agreement; (ii) any allegation that any materials
that you submit to us or transmit to the Site infringe or otherwise violate
the copyright, trademark, trade secret or other intellectual property
or other rights of any third party; and/or (iii) your activities in connection
with the Site. This indemnity shall be applicable without regard to the
negligence of any party, including any indemnified person.
The personal information (including sensitive personal information) you
provide to us will be stored on computer. You consent to us using this
information to build up a profile of interests, preferences and browsing
patterns and to allow you to participate in the Brazilian Mates Service.
All Members also agree to uphold and maintain our Privacy Policy and to
the terms and conditions thereof.
In addition, Brazilian Mates Service disclaims all liability, regardless
of the form of action, for the acts or omissions of other Members or users
(including unauthorized users, or "hackers") of the Service.
VI. ONLINE CONTENT
Opinions, advice, implications, offers, or other information or content
made available through the Brazilian Mates Service, but not directly by
Brazilian Mates Service, are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for
such content. Brazilian Mates Service does not guarantee the accuracy,
completeness, or intent of any information on the service and neither
adopts nor endorses nor is responsible for the accuracy of reliability
of any opinion, advice, or statement made by parties other than Brazilian
Mates Service. Under no circumstances will Brazilian Mates Service be
responsible for any loss or damage resulting from anyone’s reliance
on information or other content posted on the Brazilian Mates Service,
or transmitted to Brazilian Mates MEMBERS.
WARNING: It is possible that other Brazilian Mates Members or users (including
unauthorized users) may post or otherwise transmit offensive or obscene
materials on the Brazilian Mates Service and that you may be involuntarily
exposed to such materials. It also is remotely possible, but not likely,
that others could obtain personal information about you through your use
of the Service, and that the recipient may use such information to harass
or injure you. Brazilian Mates is not responsible for the use of any personal
information that you disclose on the Service. Please carefully select
the type of information that you post on the Brazilian Mates Service or
release to others.
Brazilian Mates reserves the right, but has not obligation , to monitor
the matierals posted in the public areas of the Brazilian Mates Service.
Brazilian Mates shall have the right to remove any such material that
in its sole opinion violates, or is alleged to violate, the law or this
agreement. Notwithstanding this right of Brazilian Mates, you remain solely
responsible for the content of the materials you post in the public areas
of the service and in your private email messages. Emails sent between
you and other Brazilian Mates MEMBERS that are not readly accessible to
the general public will be treated as private by Brazilian Mates to the
extent required by applicable law.
VII. PROPRIETARY RIGHTS:
Brazilian Mates owns and retains other proprietary rights in the Brazilian
Mates Service. The Service contains the copyrighted material, trademarks,
and other proprietary information of Brazilian Mates, its licensors and
licensees. In addition, other Members may post copyrighted information,
which has copyright protection whether or not it is identified as copyrighted.
Except for that information which is in the public domain or for which
you have been given permission, you will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of Brazilian Mates,
you automatically grant, and you represent and warrant that you have the
right to grant, to Brazilian Mates and other Brazilian Mates Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to
use, copy, perform, display and distribute such information and content
and to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses of the
foregoing.
VIII. TRADEMARK NOTICES
Brazilian Mates Service are the trademarks of Brazilian Mates Service.
All other trademarks, logos, service marks, company or product names set
forth in this Website are the property of their respective owners.
GENERAL PROVISIONS. This Agreement with you, set out in these Member Terms
and Conditions, is governed by United States law, and you and we submit
to the non-exclusive jurisdiction of the United States Courts in the event
of any dispute regarding these Terms or the Service or the Site or any
matter related thereto. This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service, contains
the entire agreement between you and Brazilian Mates Service regarding
the Service and the Site, including the Privacy Policy. In the event of
any conflict between the Privacy Policy and this Agreement, this Agreement
shall control. Unless otherwise explicitly stated, the Terms will survive
termination of your membership to the Service. This agreement shall terminate
immediately and without notice if you breach any of the Terms, subject
to the survival of all rights and reservations of Brazilian Mates Service.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
The Member certifies that the Member has read and agrees to be bound by
these Terms and Conditions.
IX. COMPLAINTS
To resolve a complaint regarding the Brazilian Mates Service, you should
first contact Brazilian Mates Customer Support by clicking on the "Contact
Us" button or via email to
X. DISCLAIMER OF WARRANTY
Brazilian Mates PROVIDES THE Brazilian Mates Service ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY,
IN ANY COMMUNICATION WITH Brazilian Mates OR ITS REPRESENTATIVES, OR OTHERWISE
WITH RESPECT TO THE SERVICE. Brazilian Mates specifically DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. Brazilian Mates does not warrant that your use of
the Brazilian Mates Service will be secure, uninterrupted, always available,
or error-free, or will meet your requirements, or that any defects in
the Service will be corrected. Brazilian Mates DISCLAIMS LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION OF LIABILITY: IN NO EVENT WILL Brazilian Mates BE LIABLE TO
YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE Brazilian Mates Service, EVEN IF
Brazilian Mates OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, Brazilian Mates’ LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Brazilian
Mates FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Brazilian Mates DOES NOT SCREEN THE MEMBERS REGISTERING TO THE Brazilian
Mates Service IN ANY WAY. AS A RESULT, Brazilian Mates WILL NOT BE LIABLE
FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING
OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES
ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS
SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE,
WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS
AND DISCOMFORT. |