Terms & Conditions

Terms & Conditions TERMS & CONDITIONS Last updated on March 23, 2024 AGREEMENT TO OUR LEGAL TERMS We are a zapega classifieds site, our headquarters are in Brazil, in the Center of São Paulo - BRASIL. We operate the https://zapega.com/ website (the "Site"), as well as any other related products and services that refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services"). Zapega - Classifieds Ads Free. You can contact us by email at [email protected]. These Legal Terms constitute a legally binding agreement made between you, either personally or on behalf of an entity ("you"), and zapega, regarding 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 TO ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We will provide you with advance notice of any scheduled changes to the Services you are using. The modified Legal Terms will be effective upon posting or notification by [email protected] as indicated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. The Services are intended for users who are at least 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission 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 before using the Services. We recommend that you print a copy of these Legal Terms for your records. TABLE OF CONTENTS 1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER REGISTRATION 5. PRODUCTS 6. PURCHASES AND PAYMENT 7. REGISTRATION 8. PROHIBITED ACTIVITIES 09. USER-GENERATED CONTRIBUTIONS 10. CONTRIBUTION LICENSE 11. REVIEW GUIDELINES 12. SOCIAL MEDIA 13. THIRD-PARTY WEBSITES AND CONTENT 14. ADVERTISERS 15. SERVICE MANAGEMENT 16. PRIVACY POLICY 17. COPYRIGHT INFRINGEMENTS 18. TERM AND TERMINATION 19. MODIFICATIONS AND INTERRUPTIONS 20. GOVERNING LAW 21. DISPUTE RESOLUTION 22. CORRECTIONS 23. DISCLAIMER 24. LIMITATIONS OF LIABILITY 25. USER DATA 26. COMMUNICATIONS, TRANSACTIONS, AND ELECTRONIC SIGNATURES 27. CALIFORNIA USERS AND RESIDENTS 28. MISCELLANEOUS 29. DO I KNOW 1. OUR SERVICES The information you provide 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, 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. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA). 2. INTELLECTUAL PROPERTY RIGHTS Our Intellectual Property We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on 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. Content and Marks are provided on or through the Services on an "AS IS" basis for internal business purposes 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 properly have access. solely for your internal business purpose. Except as set forth 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, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set forth in this section or elsewhere in our Legal Terms, please send your request to: [email protected]. If we ever grant you permission to publicly post, reproduce, or display any part of our Services or Content, you must identify us as the owner or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notices appear or are visible when you post, reproduce, or display 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 before 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 submitting to us any questions, comments, suggestions, ideas, 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 will 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, broadcast, post, distribute, or transmit withcontent and materials to us or through the Services, including, but not limited to, text, writing, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is published will also be treated as a Contribution. You understand that Contributions may be viewed by other users of the Services and possibly through third-party websites. When you post Contributions, you grant us a license (including the 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-up, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, transmit, rename, store, publicly perform, publicly display, reformat, translate, extract (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 the use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and trade dress that you provide. You are responsible for what you post or upload: By submitting Submissions to us and/or posting Contributions through any part of the Services or by making Contributions accessible through the Services by linking your account through the Services to any of your social media accounts, you: confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and will not post, submit, post, upload or transmit through the Services any Submission or post any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive; to the extent permitted by applicable law, waive any and all moral rights to any Submission and/or Contribution; ensure that any 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 aforementioned 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 expressly agree to reimburse us for any and all losses we may suffer due to your violation of (a) this section, (b) third party intellectual property rights, or (c) applicable law. We may remove or edit your Content: While 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 to be harmful or in violation of these Legal Terms. If we remove or edit tIn addition to Contributions, we may also suspend or deactivate your account and report it to law enforcement. Copyright Infringement We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENT" section below. 3. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) all registration information submitted 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 agree to abide by these Legal Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside or, if a minor, have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) 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). 4. USER REGISTRATION 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. 5. PRODUCTS We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not warrant that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free from other errors, and their electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 6. PURCHASES AND PAYMENT We accept the following forms of payment: - Visa - Mastercard - American Express - PayPal You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments will be in dollars, euros, reais and others. You agree to pay all fees at the then-current prices for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts when you place your order. We reserve the right to correct any errors or errors 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 discretion, appear to be placed by dealers, resellers, or distributors. 7. REGISTRATIONS Billing and Renewal Your subscription will continue and automatically renew unless cancelled. You agree to charge 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 the customer has the freedom to choose or renew automatically. Free Trial We offer a 30-day free trial to new users who register for the Services. Each member of the site has the free options for 20 ads. At the end of the 20 ads, the seller will have to subscribe to the site to be able to advertise again on the classifieds site. You may 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 dissatisfied with our Services, please email us at [email protected]. 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. 8. RETURN/REFUND POLICY Please review our Return Policy posted on the Services before making any purchase. 9. PROHIBITED ACTIVITIES 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 our written permission. Trick, defraud, or deceive us and other users, especially in any attempt to obtain 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 to harass, abuse, or harm another person. Misuse 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 or linking to the Services. Upload or transmit (or attempt to upload or 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, interrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as the use of scripts to send comments or messages, or the use of any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Try impersonating another user or person, or use another user's username. Upload or transmit (or attempt to upload or 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 involved in providing any part of the Services to you. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any part of the Services. Copy or adapt the software of the Services, 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 software comprising or in any way forming part of the Services. Except where it may be the result of standard use of the search engine or Internet browser, use, launch, develop, or distribute any automated system, including, but not limited to,in limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or uses or launches any unauthorized script or other software. Use a purchasing 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 emails, or creating user accounts by automated means or under false pretenses. Use the Services as part of any effort to compete with us or use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Services to advertise or offer to sell goods and services. 10. 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 transmit content and materials to us or on the Services, including, but not limited to, text, written, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, "Contributions"). Contributions may be viewed 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. By creating or making available any Contributions, you represent and warrant that: The creation, distribution, transmission, public display, or performance of, and access to, download, or copy of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets, 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 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 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, dirty, violent, harassing, libelous, libelous, 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 laws relating to child pornography, or otherwise intended to protect the health or well-being of minors. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disability. 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. 11. CONTRIBUTION LICENSE By posting your Contributions on any part of the Services or making Contributions accessible to the Services by linking your Services account to any of your social media accounts, you automatically grant, and represent and warrant that you have the right to grant, to us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive amount, transferable, royalty-free, fully paid-up worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, rename, archive, store, store, store, publicly perform, publicly display, reformat, translate, transmit, extract (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 to grant and authorize sublicenses of the foregoing. Use and distribution may occur in any media formats and through any media channels. This license shall apply to any form, media, or technology now known or hereafter developed, and includes the 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 that you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been otherwise stated in your Contributions. We do not claim any ownership in 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 responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and expressly agree to hold us harmless from any and all liability and to refrain from any legal action against us in connection with your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, edit, or alter any Contributions; (2) recategorize any Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions. 12. GUIDELINES FOR REVIEWS We may provide you with areas on the Services to leave comments or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your comments must not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, sex, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you should not draw conclusions as to the lawfulness of the conduct; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove comments in our sole discretion. We have absolutely no obligation to review reviews or delete reviews, even if someone finds the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our views or the views of any of our affiliates or partners. We assume no responsibility for any revision or for any claims, liabilities or losses resulting from any revision. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review. 13. SOCIAL MEDIA As part of the functionality of the Services, you may link your account to online accounts you have with third-party service providers (each, a "Third-Party Account") by: (1) providing your Third-Party Account login information through the Services; or (2) allow us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you have the right 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 governing your use of the applicable Third-Party Account, and without obligating us to pay any fees or subject us to any limitations on use 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 through your account, including, without limitation, any friend lists, and (2) we may send and receive from your Third-Party Additional Account Information to the extent that that you are notified when you link your account to the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information 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 that Third-Party Account is terminated by the third-party service provider, 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 AGREEMENTS WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Media Content for any purpose, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or tablet only for the purpose of identifying and informing you about contacts who have also registered to use the Services. You may disable 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 has been obtained through such a Third Party Account, except for the username and profile picture that becomes associated with your account. 14. THIRD-PARTY WEBSITES AND CONTENT The Services may contain (or you may be sent through the Site) links to other websites ("Third-Party Sites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items owned by or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Services or any Third-Party Content posted, available, or installed from the Services, including the content, accuracy, offense, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Content. The inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third Party Websites will be through other websites and other companies, and we assume no liability in relation to such purchases which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you will hold us harmless from any harm caused by your purchase of such products or services. In addition, you will hold us harmless from any losses suffered by you or damages caused to you related to or resulting in any way from any Third-Party Content or any contact with Third-Party Sites. 15. ADVERTISERS We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar ads or banner ads. We simply provide the space to place these ads, and we have no other relationship with advertisers. 16. SERVICE 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 possible) 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 disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Services in a manner otherwise designed to protect our rights and property and facilitate the proper functioning of the Services. 17. PRIVACY POLICY We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and expressly consent to your data being transferred to and processed in the United States. In addition, we do not knowingly accept, solicit or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we become aware that someone under the age of 16 has provided us with personal information without the necessary and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical. 18. COPYRIGHT INFRINGEMENTS We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notice will be sent to the person who posted or stored the material covered in the Notice. Please be advised that, under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Accordingly, if you are unsure whether material located on or linked to by the Services infringes your copyright, you should first consider contacting an attorney. 19. TERM AND TERMINATION These Legal Terms will remain in full force and effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR 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 OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a false or borrowed name, or the name of a 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, seeking civil, criminal, and injunctive relief. 20. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the content of the Services at any time or for any reason in our sole discretion without notice. However, we are under no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. 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 that the Services will be available at all times. We may experience hardware, software, or other issues 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 modify the Services at any time or for any reason without notice. You agree that we have no liability 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 shall be construed to obligate us to maintain and support the Services or to provide any corrections, updates, or releases in connection therewith. 21. GOVERNING LAW These Legal Terms shall be governed by and construed in accordance with the laws of the United States. Zapega and you irrevocably agree that the courts of Brazil shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms. 22. DISPUTE RESOLUTION Informal Negotiations In order to expedite resolution and control the cost of any dispute, controversy or claim relating 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 (other than those Disputes expressly provided below) informally for at least ten (10) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one of the parties to the other party. Binding Arbitration Any dispute arising out of or in connection with these Legal Terms, including any question concerning their existence, validity or termination, shall be referred to and finally resolved by the Court of International Commercial Arbitration under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, as a result of referring to it, is deemed to form part of this clause. The number of referees shall be two (2). The seat, or legal venue, or arbitration shall be São Paulo, Brazil. The language of the proceedings shall be Portuguese. The law governing these Legal Terms shall be the substantive law of Brazil. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will 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 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 relating to binding arbitration of informal negotiations: (a) any Disputes that seek to enforce or protect, or concerning the validity of, any of a Party's intellectual property rights; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the portion of this provision found to be illegal or unenforceable and such Dispute will 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. 23. 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 notice. 24. DISCLAIMER THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL 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 CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN 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 THAT 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 THROUGH 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 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. 25. LIMITATIONS OF LIABILITY IN NO EVENT SHALL 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 PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 26. INDEMNIFICATION You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless 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) violation 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 others, including, but not limited to, intellectual property rights; or (6) any explicit harmful act towards any other user of the Services with whom you have connected through 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 make all reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification upon becoming aware of it. 27. USER DATA We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related 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 such data, and you waive any right of action against us arising from any loss or corruption of such data. 28. COMMUNICATIONS, TRANSACTIONS, AND ELECTRONIC SIGNATURES Visiting the Services, sending us emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or for payments or granting of credits by any means other than electronic means. 29. MISCELLANEOUS These Legal Terms and any policies or operating rules posted by us on or in relation 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 will not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to a third party at any time. We will not be 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 held 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 signature by the parties to enforce these Legal Terms. 30. CONTACT US To resolve a complaint regarding the Services or to receive more information about your use of the Services, please contact us at: Zapega CENTRO DE SÃO PAULO - BRASILl São Paulo, São Paulo Brazil [email protected]