TERMS OF USE
Last
updated
February 22, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are MURILLO JESUS TECNOLOGIA
DA INFORMAÇÂO LTDA
, doing business as Roleplaygame.com.br
and Roleplaygame
(
"Company," "we," "us," "our"
)
, a company registered in
Taiwan
at Rua Padre Donizete 400
, Sorocaba
, SP
18075480
.
We operate the
website
assistente.roleplaygame.com.br
(the "Site")
, as well as any other related products and services that
refer or
link to these legal terms (the "Legal Terms"
) (collectively, the
"Services").
You can contact us by
phone at 5515992512240, email at
contato@roleplaygame.com.br
, or by mail to
Rua Padre Donizete 400
, Sorocaba
, SP
18075480
,
Taiwan
.
These Legal Terms constitute a legally
binding
agreement made between you, whether personally or on behalf of an entity (
"you"), and
MURILLO JESUS TECNOLOGIA DA INFORMAÇÂO LTDA, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and agreed to be
bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that
may be posted on the Services from time to time are hereby expressly incorporated herein by
reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason
. We will alert you about any changes by updating the
"Last
updated" date of these Legal Terms, and you waive
any
right to receive specific notice of each such change. It is your responsibility to periodically
review
these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to
have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued use
of the
Services after the date such revised Legal Terms are posted.
All users who
are
minors in the jurisdiction in which they reside (generally under the
age of
18) must have the permission of, and be directly supervised by,
their parent
or guardian to use the Services. If you are a minor, you must have
your
parent or guardian read and agree to these Legal Terms prior to you
using
the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as
well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by
copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the
Services "AS IS"
for
your personal, non-commercial use or internal business
purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have
properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere
in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your
request to: contato@roleplaygame.com.br. If we ever grant you the
permission
to post, reproduce, or publicly display any part of our Services or Content, you must identify
us as the
owners or licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to
you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your submissions
and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which
you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials
to us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"
). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a license
(including
use of your name, trademarks, and logos): By posting any Contributions, you grant
us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this section. Our use and distribution
may
occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal
and
commercial images you provide.
You are responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will
not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false, inaccurate,
deceitful,
or misleading;
- to the extent permissible by applicable law, waive any and all
moral rights
to any such Submission and/or Contribution;
- warrant that any such Submission
and/or
Contributions are original to you or that you
have the
necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation
to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely
responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or
edit
your Content: Although we have no obligation to monitor any Contributions, we shall
have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the
intellectual
property rights of others. If you believe that any material available on or through the Services
infringes
upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By using the Services, you represent and
warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal or
unauthorized
purpose; and (7) your use of the Services will not violate
any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services
(or any
portion thereof).
You may
be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the
right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of
payment:
- Visa
- Mastercard
- Pix
- Boleto
- MercadoPago
You agree to provide current, complete, and
accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment
card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax
will be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in Real Brasileiro.
You agree to pay all charges at the prices
then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for
any such amounts upon placing your order. We reserve the right to correct any errors or mistakes
in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order
placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person,
per household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping address.
We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers,
resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew
unless canceled
. You consent to
our charging your payment method on a recurring basis without requiring your prior approval for
each
recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle is monthly.
Free Trial
We
offer a free trial to new users who register with the
Services.
The account will not be charged and the subscription will not be suspended at the end of the free trial.
Cancellation
All
purchases are non-refundable.
You can cancel your subscription at any time by contacting us
using
the contact information provided below. Your cancellation will
take effect
at the end of the current paid term. If you have any questions or are unsatisfied with our
Services,
please email us at contato@roleplaygame.com.br.
Fee Changes
We may, from time to time, make changes
to the
subscription fee and will communicate any price changes to you in accordance with applicable
law.
You may not
access or use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or
approved by us.
As a
user of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile,
directly or
indirectly, a collection, compilation, database, or directory without
written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features
of the
Services, including features that prevent or restrict the use or
copying
of any Content or enforce limitations on the use of the Services
and/or
the Content contained
therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass,
abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws
or
regulations.
-
Engage
in unauthorized framing of or
linking to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Services
or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar data
gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of
another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material
that acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats
("gifs"), 1×1 pixels, web
bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive
collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the
networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or
restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to
Flash,
PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in any way
making up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch
any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the
Services,
including collecting usernames and/or email addresses of users
by
electronic or other means for the purpose of sending unsolicited
email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or
otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
8. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate
in
blogs, message boards, online forums, and other functionality, and may
provide
you with the opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other
material (collectively,
"Contributions").
Contributions may be viewable by
other users of the Services and through third-party websites. As such,
any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions,
you
thereby represent and warrant that:
- The creation, distribution, transmission,
public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not
limited to the copyright, patent, trademark, trade secret, or moral rights
of any
third party.
- You are the creator and owner of or have the
necessary
licenses
, rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions
in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to
use the name or likeness of each and every such identifiable individual
person to
enable inclusion and use of your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate,
or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten
(in the legal sense of those terms) any other person and to promote violence
against
a specific person or class of people.
- Your Contributions do not violate any
applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy
or
publicity rights of any third party.
- Your Contributions do not violate any
applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference, or
physical handicap.
- Your Contributions do not otherwise violate,
or link
to material that violates, any provision of these Legal Terms, or any
applicable law
or regulation.
Any use
of the
Services in violation of the foregoing violates these Legal Terms and may result
in,
among other things, termination or suspension of your rights to use the
Services.
By
posting your
Contributions to any part of the Services
or making Contributions accessible to the
Services by
linking your account from the Services to any of your social
networking
accounts
, you automatically grant, and you represent and warrant that you have the
right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such
Contributions, and grant and authorize
sublicenses
of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This
license
will apply to any form, media, or technology now known or hereafter developed,
and
includes our use of your name, company name, and franchise name, as applicable,
and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images
you provide. You waive all moral rights in your Contributions, and you warrant
that
moral rights have not otherwise been asserted in your Contributions.
We do
not
assert any ownership over your Contributions. You retain full ownership of all
of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services. You
are solely responsible for your Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
We have
the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any
Contributions; (2) to re-categorize any Contributions to place them in
more
appropriate locations on the Services; and (3) to pre-screen or delete any
Contributions
at any time and for any reason, without notice. We have no obligation to monitor
your
Contributions.
10. SOCIAL
MEDIA
As part
of the
functionality of the Services, you may link your account with online accounts
you have
with third-party service providers (each such account, a
"Third-Party Account") by
either:
(1) providing your Third-Party Account login information through the Services;
or (2)
allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern
your use
of each Third-Party Account. You
represent
and warrant that you are entitled to disclose your Third-Party Account login information
to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern
your use
of the applicable Third-Party
Account, and
without obligating us to pay any fees or making us subject to any usage
limitations
imposed by the third-party service provider of the Third-Party Account. By granting us
access to
any Third-Party Accounts, you
understand that
(1) we may access, make available, and store (if applicable) any content that
you have
provided to and stored in your Third-Party
Account (the "Social Network Content") so that it is available on and
through
the Services via your account, including without limitation any friend lists and
(2) we
may submit to and receive from your Third-Party Account additional
information to
the extent you are notified when you link your account with the Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject to
the privacy settings that you have set in such Third-Party Accounts, personally
identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please
note that
if a Third-Party Account or
associated
service becomes unavailable or our access to such Third-Party Account is terminated by
the
third-party service provider, then Social Network Content may no longer be
available on
and through the Services. You will have the ability to disable the connection
between
your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for
any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and
we are not responsible for any Social Network Content. You acknowledge and agree
that we
may access your email address book associated with a Third-Party Account and your contacts
list
stored on your mobile device or tablet computer solely for purposes of
identifying and
informing you of those contacts who have also registered to use the Services.
You can
deactivate the connection between the Services and your Third-Party Account by contacting us
using the
contact information below or through your account settings (if applicable). We
will
attempt to delete any information stored on our servers that was obtained
through such
Third-Party Account, except the
username and
profile picture that become associated with your account.
11. ADVERTISERS
We allow advertisers to
display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such
advertisements, and
we have no other relationship with advertisers.
12. SERVICES
MANAGEMENT
We reserve the right, but
not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate
legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
13. PRIVACY
POLICY
We care about data
privacy and
security. Please review our Privacy Policy:
https://imobilead.me/lps/politica/?nome=RolePlayGame
. By using the Services, you agree to be bound by our Privacy Policy, which
is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Brazil
. If you access the Services from any other region of the
world with
laws or other requirements governing personal data collection, use, or disclosure that differ
from
applicable laws in
Brazil
, then through your continued use of the Services, you are
transferring your data to
Brazil
, and you expressly consent to have your data transferred to
and
processed in
Brazil
.
14. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual
property rights of others. If you believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your Notification will be sent to the
person
who posted or stored the material addressed in the Notification. Please be advised that pursuant
to
applicable law you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Services
infringes
your copyright, you should consider first contacting an attorney.
15. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your
account for any reason, you are prohibited from registering and creating a new account under
your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of
the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever
for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
17. GOVERNING
LAW
These Legal Terms shall
be
governed by and defined following the laws of
Taiwan
. MURILLO JESUS TECNOLOGIA DA INFORMAÇÂO LTDA and yourself
irrevocably consent that the courts of
Taiwan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with
these Legal Terms.
18. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either
you or us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate
any
Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence
upon
written notice from one Party to the other Party.
Binding
Arbitration
Any
dispute
arising out of or in connection with these Legal Terms, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this
clause.
The number of arbitrators shall be one (1). The seat, or legal place, or
arbitration shall be
Sorocaba,
Taiwan
. The language of the proceedings shall be Português do Brasil.
The
governing law of these Legal Terms shall be substantive law of
Taiwan
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there
is no
right or authority for any Dispute to be brought in a purported representative capacity on behalf of
the
general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to
the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b)
any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
19. CORRECTIONS
There
may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to correct
any
errors, inaccuracies, or omissions and to change or update the information on the Services at any
time,
without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST
JUDGMENT AND
EXERCISE
CAUTION WHERE APPROPRIATE.
21. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties
set forth
in these Legal Terms; (5) your violation of the
rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right,
at your
expense, to assume the exclusive defense and control of any matter for which you are
required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon
becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or
operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate
to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal
Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all
defenses you
may have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto
to
execute these Legal Terms.
26. CONTACT
US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
MURILLO JESUS TECNOLOGIA DA INFORMAÇÂO LTDA
Rua Padre Donizete 400
Sorocaba
, SP
18075-480
Brazil
Phone: 5515992512240
contato@roleplaygame.com.br
