2. CONTENT POLICY
You understand that all listings, messages, comments, files, images, photos, video, sounds, or any other material ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person who originated such Content. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that PlanetaBrasileiro.com does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PlanetaBrasileiro.com site and Content available through the website may contain links to other websites, which are completely unrelated to PlanetaBrasileiro.com. PlanetaBrasileiro.com makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PlanetaBrasileiro.com be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that PlanetaBrasileiro.com does not pre-screen or approve Content, but that PlanetaBrasileiro.com will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
You agree not to post, email, or otherwise make available Content:
a. that violates any law,
b. that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms children in any way;
c. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. that impersonates any person or entity, including, but not limited to, an PlanetaBrasileiro.com employee, or falsely states or otherwise misrepresents your connection with a person or entity;
e. that includes personal or identifying information about another person without that person's explicit consent.
f. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
h. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
i. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the PlanetaBrasileiro.com sites which are not designated for such purposes; or (2) emailed to PlanetaBrasileiro.com users who have requested not to be contacted about other services, products or commercial interests.
j. that includes links to commercial services or web sites, except as specifically allowed by PlanetaBrasileiro.com;
k. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
l. 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;
m. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
a. contact anyone who has asked not to be contacted;
b. "stalk" or otherwise harass anyone;
c. collect personal data about other users for commercial or unlawful purposes;
d. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
e. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
f. post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
g. attempt to gain unauthorised access to PlanetaBrasileiro.com' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PlanetaBrasileiro.com website.
A. Type of Information Collected:
When you visit the Website, we may collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website, we may also collect personal information that you provide such as your name, mailing address, email address, home country, and zip code ("Registration Information"). You have the option of also providing to us your phone and fax numbers, gender, age, and/or company name if you choose to register with PlanetaBrasileiro.com. If you provide your phone number, it will be displayed in your posting. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information. By using this Website or the Service, you consent to collection, storage, and use of the personal information you provide for any of the Services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by PlanetaBrasileiro.com.
C. Third Parties
D. How Your Information is Used
E. Protecting Your Personal Information
You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer ("SSL") technology is used for processing payment transactions with third- party service provider partners. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.
F. Accessing and Modifying Personal Information
You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact form or the links provided for such effect.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a PlanetaBrasileiro.com agent for notice of claims of copyright or other intellectual property infringement ("Agent"), using our contact form.
We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to PlanetaBrasileiro.com email addresses or through PlanetaBrasileiro.com computer systems, is expressly prohibited by these Terms. Any unauthorised use of PlanetaBrasileiro.com computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
PlanetaBrasileiro.com shall not be liable for your interactions with any organisations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organisations and/or individuals.
You agree that PlanetaBrasileiro.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PlanetaBrasileiro.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PlanetaBrasileiro.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
8. LIMITATION AND TERMINATION OF SERVICE
You acknowledge that PlanetaBrasileiro.com may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PlanetaBrasileiro.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PlanetaBrasileiro.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PlanetaBrasileiro.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that PlanetaBrasileiro.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PlanetaBrasileiro.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PlanetaBrasileiro.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination
9. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although PlanetaBrasileiro.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PlanetaBrasileiro.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. We need these rights in order to host and display your content
10. DISCLAIMER OF WARRANTIES
You expressly agree that use of the PlanetaBrasileiro.com site and the service is entirely at your own risk. the PlanetaBrasileiro.com site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, PlanetaBrasileiro.com disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the PlanetaBrasileiro.com site and the service. To the fullest extent permitted by law, PlanetaBrasileiro.com disclaims any warranties for other services or goods received through or advertised on the PlanetaBrasileiro.com site or the sites or service, or accessed through any links on the PlanetaBrasileiro.com site. To the fullest extent permitted by law, PlanetaBrasileiro.com disclaims any warranties for viruses or other harmful components in connection with the PlanetaBrasileiro.com site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATIONS OF LIABILITY
In no event shall PlanetaBrasileiro.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if PlanetaBrasileiro.com has been advised of the possibility of such damages), resulting from any aspect of your use of the PlanetaBrasileiro.com site or the service, whether the damages arise from use or misuse of the PlanetaBrasileiro.com site or the service, from inability to use the PlanetaBrasileiro.com site or the service, or the interruption, suspension, modification, alteration, or termination of the PlanetaBrasileiro.com site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the PlanetaBrasileiro.com site or the service or any links on the PlanetaBrasileiro.com site, as well as by reason of any information or advice received through or advertised in connection with the PlanetaBrasileiro.com site or the service or any links on the PlanetaBrasileiro.com site. these limitations shall apply to the fullest extent permitted by law. in some jurisdiction, limitations of liability are not permitted. in such jurisdictions, some of the foregoing limitation may not apply to you.
You hereby agree, at your expense, to indemnify and hold PlanetaBrasileiro.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for review using the Contact Form of the PlanetaBrasileiro.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay PlanetaBrasileiro.com liquidated damages as follows:
. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that PlanetaBrasileiro.com in its sole discretion may disclose identifying information about you to the victim, and that should PlanetaBrasileiro.com bring a claim against you in court, that you will pay PlanetaBrasileiro.com one thousand dollars ($1,000) for each such message.
a. If PlanetaBrasileiro.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay PlanetaBrasileiro.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access PlanetaBrasileiro.com in excess of such limits, whichever is higher.
b. If you send unsolicited email advertisements to PlanetaBrasileiro.com email addresses or through PlanetaBrasileiro.com computer systems, you agree to pay PlanetaBrasileiro.com twenty five dollars ($25) for each such email.
c. If you post messages in violation of these Terms, other than as described above, you agree to pay PlanetaBrasileiro.com one hundred dollars ($100) for each such message. In its sole discretion, PlanetaBrasileiro.com may elect to issue a warning before assessing damages.
Otherwise, you agree to pay PlanetaBrasileiro.com's actual damages, to the extent such actual damages can be reasonably calculated.