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1. ACCEPTANCE OF TERMS
Welcome to NewJerseyBrasil.com .
We will refer to newjerseybrasil as the "Service".
We that is NewJerseyBrasil.com Corp. and its other business groups and
affiliates) will provide the Service to you, subject to the following
terms and conditions – referred
to as the "Service Agreement" or "SA", which may
be updated or modified by us from time to time without notice to you,
therefore you need to regularly check this agreement to stay up to date.
You can review the most current version of the SA at any time at http://www.newjerseybrasil.com/terms.html.
Your use of the Service will confirm our agreement to these terms and
conditions as well as your acceptance of the changes we make to the SA.
In addition, when using particular NewJerseyBrasil.com services subject to this
SA, you and NewJerseyBrasil.com will shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to time.
All such guidelines or rules are incorporated by reference into the SA.
If you are an NewJerseyBrasil.com WorldNet® Service member, please note that
a different service agreement applies to your use of that NewJerseyBrasil.com service
and its associated features.
Consequently, PLEASE READ THIS SERVICE AGREEMENT
CAREFULLY BEFORE ACCESSING OR USING NEWJERSEYBRASIL.COM. BY ACCESSING
OR USING newjerseybrasil, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE newjerseybrasil. REMEMBER THAT NewJerseyBrasil.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF newjerseybrasil SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
NewjerseyBrasil is an online people and business directory
service of information and communications services. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service shall be subject to the SA. You understand and agree that the
Service is provided "AS
IS" and that we do not assume responsibility for the timeliness,
deletion, mis-delivery or failure to store any user provided content,
communications, or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register
and obtain a password. In return for our enabling you to use the Service,
you agree to: (a) provide true, accurate, current and complete information
about yourself when necessary or as prompted by the Service's registration
form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information 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 Service
(or any portion thereof).
4. NewJerseyBrasil.com PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. In addition,
by using the Service, you acknowledge and agree that NewJerseyBrasil.com
may preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the SA; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of NewJerseyBrasil.com , its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires
you to register as described above, you will also receive a password
and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify NewJerseyBrasil.com of any unauthorized
use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
NewJerseyBrasil.com cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data,
text, messages, postings, or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not NewJerseyBrasil.com
, are entirely responsible for all Content that you upload, post, or
otherwise transmit via the Service. If you have included information available
through the Service then you are responsible for making modifications
or updating information to the extent there are errors or updates are
required. For example, you are responsible for ensuring the accuracy
of a residential listing in your name, or a business directory or event
that you have added. NewJerseyBrasil.com does not control the
Content posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will NewJerseyBrasil.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content
(for example, if an phone number posted in newjerseybrasil is listed wrong), or
for any loss or damage of any kind incurred as a result of the use of
any Content posted, or otherwise transmitted via the Service. You agree
not to change or delete any proprietary notices from directory listings
downloaded from the Service.
You agree that you will not use the Service or the information obtained
through the Service (including without limitation, directory or event
listings):
- for solicitations, commercial or otherwise;
- for incorporation into
a commercial product or service;
- to download directory listings or
other information by using any type of automated means;
- for the purposes
of soliciting, offending or harassing any person or persons;
- to alter
the directory listings, event listings, or other information, or enter
additional listings or Content which in any way: (i) are unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable, (ii) violates any patent, trademark,
service mark, trade secret, copyright or other proprietary rights ("Rights")
of another, or (iii) are known to be false or misleading at the time
of entry.
- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a NewJerseyBrasil.com official, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- provide any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- 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;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; or
- intentionally
or unintentionally violate any applicable local, state, national or
international law.
(b) You acknowledge that NewJerseyBrasil.com does not pre-screen Content,
but that NewJerseyBrasil.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse, move or
remove any Content that is available via the Service. Without limiting
the foregoing, we shall have the right to remove any Content that violates
the SA or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content
created by us or submitted to us.
(c) You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. PUBLIC CONTENT POSTED TO AT&T
(a) For purposes of the SA, "publicly accessible areas of the Service" are
those accessible by the general public. By way of example, a publicly
accessible area of the Service would include the residential directory
listings in newjerseybrasil. Please note that this Content may be seen by anyone
using the Service.
(b) With respect to all other Content you elect
to post to publicly accessible areas of the Service, you grant NewJerseyBrasil.com the world-wide royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) and/or to incorporate
it in other works, in any form, media, or technology now known or later
developed.
(c) You represent and warrant that you have all right, title and interest
in, or otherwise have the right to publicly display all Content that
you post to or transmit through the Service and that the Content you
post to or transmit through the Service does not infringe, or dilute
any third party right.
8. NEWJERSEYBRASIL.COM’S RIGHTS AND
REPRESENTATIONS
(a) NewJerseyBrasil.com reserves the right to deny access to you or any group of
users to the Service, at its sole discretion, at any time. NewJerseyBrasil.com also
reserves the right to remove any listings or other information or Content
from the Service at any time and at its sole discretion.
(b) NewJerseyBrasil.com cannot and does not guarantee or
warrant that files available for downloading through the Service will
be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and
for maintaining a means external to the Service for the reconstruction
of any lost data.
(c) NEWJERSEYBRASIL.COM DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE, AND NewJerseyBrasil.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. NewJerseyBrasil.com DOES NOT WARRANT
THAT THE SERVICE WILL BEwww.newjerseybrasil.com, UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL NewJerseyBrasil.com (OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF NewJerseyBrasil.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY
DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, NewJerseyBrasil.com 'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INDEMNITY
You agree to indemnify and hold NewJerseyBrasil.com , and
its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation
of the SA, or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
NewJerseyBrasil.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that NewJerseyBrasil.com shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
11. TERMINATION
You agree that NewJerseyBrasil.com , in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if NewJerseyBrasil.com believes that you
have violated or acted inconsistently with the letter or spirit of the
SA. NewJerseyBrasil.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision
of this SA may be effected without prior notice, and acknowledge and
agree that NewJerseyBrasil.com may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
NewJerseyBrasil.com shall not be liable to you or any third party for any termination
of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that NewJerseyBrasil.com shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
13. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
NewJerseyBrasil.com has no control over
such sites and resources, you acknowledge and agree that NewJerseyBrasil.com is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that NewJerseyBrasil.com shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
14. NewJerseyBrasil.com 'S PROPRIETARY RIGHTS AND IDEA
SUBMISSIONS
You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by NewJerseyBrasil.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
The compilation of the contents of the Service
are copyrighted under the United States copyright laws. The owner of
the copyright is NewJerseyBrasil.com and in some cases a third party. NewJerseyBrasil.com grants you a personal, non-transferable,
non-sublicenseable, and non-exclusive right and license to print and
download portions of directory or event listings from or other information
found on the Service solely for your own non-commercial use. Any other
copying, redistribution, retransmission, display or publication of any
downloaded information is strictly prohibited without the express written
consent of NewJerseyBrasil.com .
You agree to grant to NewJerseyBrasil.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, and publicly display any Content,
including directory listings and other materials or information such
as ideas contained therein for new or improved products and services
you submit to NewJerseyBrasil.com (such as through posting to public areas or mailing
to NewJerseyBrasil.com ) by all means and in any media now known or hereafter developed.
You also agree to grant to NewJerseyBrasil.com the right to use your name in connection
with the submitted Content as well as in connection with all advertising,
marketing and promotional material related thereto. You grant NewJerseyBrasil.com non-exclusive, royalty-free, worldwide permission to implement or use
in any manner and in any media any ideas or information contained in
your communications. You further agree to release NewJerseyBrasil.com from any claims
of alleged or actual infringement, or misappropriation of any proprietary
rights that may result from such implementation or use.
15. DISPUTE RESOLUTION
Any cause of action or claim you may have with
respect to the Service must be commenced within one year after the
claim or cause of action arises or such claim or cause of action is
barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT,
TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY,
ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES")
SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN NEW
YORK, NEW YORK, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT
AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION. The arbitrability of Disputes shall also be determined
by the arbitrator. Each party shall bear its own expenses, except that
the prevailing party may recover the filing costs and the expenses
of the arbitrator from the other party. Any award of the arbitrator
shall be in writing and shall state the reasons for the award. Judgment
upon an award may be entered in any Court having competent jurisdiction.
The arbitrator shall not have the power to order pre-hearing discovery
of documents or the taking of depositions, but may compel attendance
of witnesses and the production of documents at the hearing. The Federal
Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation
and enforcement of this paragraph. The parties, their representatives
and participants and the arbitrator shall hold the existence, content
and result of the arbitration in confidence, except to the limited
extent necessary to enforce a final settlement agreement or to obtain
or enforce a judgment on an arbitration decision and award. The foregoing
notwithstanding, this agreement shall not prevent the parties from
seeking and obtaining temporary equitable remedies, including temporary
restraining orders, from a court with jurisdiction over the parties
and the subject matter. A request to a court for interim equitable
relief shall not be deemed a waiver of the obligation to arbitrate.
16. TRADEMARK NOTICES
newjerseybrasil is a trademark and/or service marks of
NewJerseyBrasil.com . Other NewJerseyBrasil.com products, services and company names mentioned herein and or applicable
Company Web sites may be the trademarks and/or service works of NewJerseyBrasil.com .
Other product, service and company names mentioned herein may be the
trademarks or service marks of their respective owners.
17. MISCELLANEOUS
This Agreement shall all be governed and construed
in accordance with the laws of the State of New York applicable to
agreements made and to be performed in New York. This site is controlled
and operated by NewJerseyBrasil.com from its offices within the United States of America. NewJerseyBrasil.com makes
no representation that materials in the site are appropriate or available
for use in other locations. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
NewJerseyBrasil.com 's failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement.
NewJerseyBrasil.com may assign its rights and duties under this Agreement to any
party at any time without notice to you. The section titles in the SA
are for convenience only and have no legal or contractual effect.
18. VIOLATIONS
Please report any violations of the SA to our Customer
Care group by sending us an email to info@NewJerseyBrasil.com
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