tudoaqui.ca





TERMS OF USE

Note: Despite the TUDOAQUI.CA website targets mainly Portuguese speakers, the TERMS OF USE and PRIVACY POLICY are written in English, which is one of the official languages of Canada. No translation will be supplied to avoid potential interpretation problems in case of judicial contest. The TERMS OF USE and the PRIVACY POLICY shall be governed by and interpreted in accordance with the laws of Ontario, Canada. If you cannot read in English, please ask someone to read the Terms of Use and the Privacy Policy for you. You can also contact us.

Nota: Apesar do website TUDOAQUI.CA destinar-se principalmente às pessoas que falam Português, os TERMOS DE USO e a POLÍTICA DE PRIVACIDADE estão escritos em inglês, que é um dos idiomas oficiais do Canadá. Os TERMOS DE USO e a POLITICA DE PRIVACIDADE são regidos e interpretados de acordo com as leis de Ontário, Canadá. Nenhuma tradução será fornecida para evitar potenciais problemas de interpretação em caso de contestação judicial. Se você não pode ler em Inglês, por favor peça ajuda a alguém para ler os Termos e Condições e a Política de Privacidade para você. Você também pode entrar em contato conosco.

1 - Introduction

Welcome to TUDOAQUI.CA website (http://www.tudoaqui.ca). The purpose of this site is to promote Canadian, Brazilian and Portuguese speakers’ businesses and extend their products and services to consumers inside and outside of Portuguese speakers’ community.

Access to and use of this website are subject to the TUDOAQUI’s Privacy Policy and the Terms of Use set out below. If you do not agree with these Terms of Use and the Privacy Policy, please do not access or use TUDOAQUI.CA website. These Terms of Use contain legal obligations. Please read these Terms of Use carefully before using this website as they contain the legal terms that govern your use of TUDOAQUI.CA.

By using this website, you agree, without limitation or qualification, to be bound by these Terms of Use, which should take effect immediately on your first use of TUDOAQUI.CA. If you do not agree with these Terms of Use please do not access, use and/or contribute to TUDOAQUI.CA.

While it is TUDOAQUI.CA’s objective is to make the website accessible 24 hours per day, 7 days per week, TUDOAQUI.CA website may be unavailable from time to time for any reason including, without limitation, routine maintenance and technical problems. You understand and acknowledge that due to circumstances both within and outside of the control of TUDOAQUI.CA, access to TUDOAQUI.CA website may be interrupted, suspended or terminated without notice.

TUDOAQUI.CA has the right at any time to change or discontinue any aspect or feature of TUDOAQUI.CA website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, TUDOAQUI.CA may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

We reserve the right to change these Terms of Use and/or our Privacy Policy from time to time without notice by updating this posting. Such changes may include, among other things, the adding of certain fees or charges. Please check the Terms of Use and our Privacy Policy regularly for changes. Your continued use of TUDOAQUI.CA website following the posting of these Terms of Use will mean you accept the updated or amended terms. If you do not agree to the changes, you should cease using this website.

2 – Restrictions on Use of Materials, Copyright and Trademarks.

Everything located on or in TUDOAQUI.CA website is the exclusive property of TUDOAQUI.CA or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF TUDOAQUI.CA IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

TUDOAQUI.CA website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of TUDOAQUI.CA website are protected by copyright as a collective work under the Canada copyright laws. TUDOAQUI.CA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of TUDOAQUI.CA or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You shall not upload post or otherwise make available on TUDOAQUI.CA website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. TUDOAQUI.CA does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of TUDOAQUI.CA website, you warrant that the owner of such material has expressly granted TUDOAQUI.CA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for your personal use. You hereby grant TUDOAQUI.CA the right to edit, copy, publish and distribute any material made available on TUDOAQUI.CA website by you.

3 - Jurisdiction and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms of Use or TUDOAQUI.CA website shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that any claim or cause of action arising out of or related to use of TUDOAQUI.CA website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

4 - Registration, Accounts and Passwords

Certain of the Services and related material, software, information, data and other content made available on TUDOAQUI.CA website may require registration. Should you choose to register for any such Services or related Content, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (1) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration on TUDOAQUI.CA website, and (2) all activities that occur, including transaction effected, under such password or account.

Further, you agree to notify TUDOAQUI.CA of any unauthorized use of your password or account. If you provide any information that is untrue or inaccurate, we have the right to suspend or terminate your account. TUDOAQUI.CA will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.

5 - User Conduct

In consideration of the availability, and your use, of TUDOAQUI.CA website or any of the Services, you agree to comply with all applicable laws and these Terms of Use when using such TUDOAQUI.CA website or Service. You acknowledge that TUDOAQUI.CA may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

You shall not post or transmit through TUDOAQUI.CA website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TUDOAQUI.CA’s express prior, written approval, contains advertising or any solicitation with respect to products or services.

Postings created by users on any part of TUDOAQUI.CA website, including but not limited to its Comment forums, ("Postings") are the responsibility of the user creating the Postings. TUDOAQUI.CA HAS NO RESPONSIBILITY FOR POSTINGS. However, TUDOAQUI.CA retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. TUDOAQUI.CA will not be liable to you or any third-party for any modification or discontinuance of your Postings.

You acknowledge and agree that TUDOAQUI.CA may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms of Use or to protect itself, its users and/or the public.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to:

A) Infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;

B) Contain any libellous, tortuous or otherwise unlawful information;

C) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;

D) Be inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful;

E) Denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;

F) Depict violent or criminal acts, or seek to incite violence or crime;

G) Relate or pertain to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people;

H) Include a photograph of another person or personal information of another person or use that person's correspondence, diaries or personal documents without that person's consent;

I) Promote sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity;

J) Further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, dealing illegal products according to Ontario and Canada laws or providing or creating computer viruses;

K) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use TUDOAQUI.CA website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying TUDOAQUI.CA website, any of the Services, or the Internet;

L) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, spam, cancelbot, trojan horse, worm or other harmful or disruptive component.

6 - Indemnification/Release

You agree to defend indemnify and hold harmless TUDOAQUI.CA, its affiliates, and related companies and their respective officers, directors, employees and agents from and against any and all claims and expenses, actions or demands, including without limitation reasonable legal and accounting fees resulting from or related to any breach of these terms of Use your access to or use of TUDOAQUI.CA website or your use of or reliance on or publication, communication or distribution of anything from TUDOAQUI.CA website, and including also attorney’s fees, arising out of or related to any products or services purchased by you in connection with TUDOAQUI.CA website. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.

You are solely responsible for interactions with Merchants and other users of TUDOAQUI.CA website. To the extent permitted under applicable laws, you hereby release TUDOAQUI.CA from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

7 - License Grant

By posting communications on or through TUDOAQUI.CA website, you give (or warrant that the owner of such rights has expressly given) to TUDOAQUI.CA and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Postings. You further agree that TUDOAQUI.CA is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

8 - Monitoring

TUDOAQUI.CA has the right, but not the obligation, to monitor the content of TUDOAQUI.CA website at all times, including any chat rooms and forums that may hereinafter be included as part of TUDOAQUI.CA website, to determine compliance with this Agreement and any operating rules established by TUDOAQUI.CA, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, TUDOAQUI.CA has the right, but not the obligation, to remove any material that TUDOAQUI.CA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9 – Responsibility for Minors

In cases where you have authorized a minor to use TUDOAQUI.CA website or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of TUDOAQUI.CA website or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of TUDOAQUI.CA website may contain material that is inappropriate for minors.

10 – Forums and Content Submissions

By uploading materials to any chat board or forum available on TUDOAQUI.CA website (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on TUDOAQUI.CA website, you automatically grant (or warrant that the owner of such materials expressly grants) TUDOAQUI.CA and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license will apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. TUDOAQUI.CA and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that TUDOAQUI.CA reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

All letters, articles, comments, and other material submitted for publication may be published, distributed and stored by TUDOAQUI.CA, its assignees and its licensees in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the author.

11 - Termination of Access

You agree that TUDOAQUI.CA, in its sole discretion, may suspend or terminate your password, account, or use of the TUDOAQUI.CA website and remove and discard any Postings at its convenience or for any reason. You agree that any suspension and/or termination of your access to TUDOAQUI.CA website may be effected without prior notice and that TUDOAQUI.CA website will not be liable to you or to any other person as a result of any such suspension or termination.

12 - Links to Third Party Sites and Contacts (Emails, Addresses and Phone Numbers)

Part of TUDOAQUI.CA content is supplied by third parties and users. Any opinions, advice, statements, services, offers, ads, job and volunteer opportunities, classifieds postings or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributor(s) and not of TUDOAQUI.CA.

The content of the ads are sole responsibility of the advertisers.

In many instances, the content available through TUDOAQUI.CA website represents the opinions and judgments of the respective information provider, user, or other user not under contract with TUDOAQUI.CA. TUDOAQUI.CA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on TUDOAQUI.CA website by anyone other than authorized TUDOAQUI.CA employee spokespersons while acting in official capacities. Under no circumstances will TUDOAQUI.CA be liable for any loss or damage caused by a user’s reliance on information obtained through TUDOAQUI.CA. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, advertisements, etc., or other content available through TUDOAQUI.CA.

TUDOAQUI.CA contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by TUDOAQUI.CA of the contents on such third-party sites, and TUDOAQUI.CA hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. TUDOAQUI.CA assumes no responsibility for any material outside of the TUDOAQUI.CA website which may be accessed through any such link.

13 - Disclaimer of Warranties and Limitation of Liability

You expressly agree that use of TUDOAQUI.CA website is at your sole risk. Neither TUDOAQUI.CA, its affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of TUDOAQUI.CA website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this website.

To the fullest extent permitted by law, TUDOAQUI.CA is providing TUDO AQUI. CA website on an "as is" and “as available” basis and makes no warranties or representations, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, in any connection with TUDOAQUI.CA website, its contents, or any website or contents with which it is linked. TUDOAQUI.CA does not warrant that the function of TUDOAQUI.CA website or its contents will be uninterrupted or error free, that defects will be corrected, or that TUDOAQUI.CA website or the servers that make it available are free of viruses or other harmful components.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of TUDOAQUI.CA website and all charges related thereto. TUDOAQUI.CA shall not be liable for any damages to your equipment resulting from the use of TUDOAQUI.CA website.

To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall TUDOAQUI.CA be liable for any loss of use, loss of data, loss of income or profit, loss of or damage to property, or for any damages of any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages), even if TUDOAQUI.CA has been advised of the possibility of such damages or losses, arising out of or in connection with the use of TUDOAQUI.CA website, its contents, or any website or contents with which it is linked.

14 - Medical/Health Information Disclaimer

Some of TUDOAQUI.CA website may contain medical and health information. Such information is for informational purposes only and is not to be used or construed as a substitute for professional medical advice, diagnosis or treatment.

© 2011 TUDOAQUI.CA. All Rights Reserved.

Last update on May 23th, 2016