Connectbrazil – Terms of Use
These Terms of Service govern your use of this site, as a Visitor and/or an Advertiser, and may be changed or amended at any time, with or without notice. Your use of this site and (our partner sites) confirms your agreement to abide by this TOU without exception. If you do not agree, then you must leave Connect Brazil and its partner sites immediately.
These Terms of Use are presented in three sections:
1. Advertising Terms and Conditions
2. Visitor Terms and Conditions (scroll down to view)
3. Contests
1. Advertising Terms and Conditions
Connectbrazil and its family of websites and mobile platforms offer a variety of advertising products and services to businesses in good standing, including:
- Audio/video production
- Banner ads
- Broadcast and streaming music advertising
- Directory Services
- Business listings
- Deals
- Event listings
- Classifieds
- Listing content creation and maintenance
- Editorial content creation
- E-mailings
- Social marketing services
- Voiceover production
- SEO Management
These products and services, plus others not included here, are referred to as ‘Advertisements’, below. We refer to the Customer as “you” or “your”, or “client” or “Advertiser”, below.
Scheduling & Activation
Scheduling of Advertisements begins once payment is received. Activation refers to the delivery, display, publication, or ‘play’ of the Advertisement, depending on the nature of its implementation.
Scheduling & Activation may also be dependent on lead time for production, authorization, and delivery of materials. Connectbrazil will strive to meet client deadlines but shall not be liable for delays beyond its control. Connectbrazil will run the Advertisement(s) beginning on the Start Date and ending on either the End Date or the ‘run of course’ for cost per click orders or impression counts, as determined by the Order.
Connectbrazil employs good faith efforts to deliver the desired number of click-throughs or impressions when a time period is stated but will not be liable for failing to do so. In all cases, the total number of desired click-throughs will supersede the target duration.
Placing An Order
These Terms and Conditions will govern all orders placed by you for Connectbrazil Advertisements.
Acceptance of these terms and conditions for your initial Order and all future Orders begins when you create your account in the Sponsor Area at Connectbrazil. This Agreement remains in place as long as your account is active with Connectbrazil.
Your order will include details on the implementation of the products and services to be scheduled.
Be aware that changes to the Order’s details of implementation must be made in writing to: concierge@connectbrazil.com and such changes may affect scheduling. No other changes of any kind will be binding on Connectbrazil.
It is your responsibility to provide Connectbrazil with the required materials in a timely manner. The client’s failure to provide these materials, actions, and resources in a timely manner may result in additional costs and may also affect the performance of the campaign. Any resulting delays or circumstances which arise from your responsibility to perform will not alter or nullify the payment terms of this agreement.
All orders are subject to availability and pricing.
As the Advertiser, you agree to use Connectbrazil and its services and products in accordance with applicable law and in a manner that does not interfere with the normal operation of Connectbrazil and its partners, as determined by Connectbrazil in its sole discretion.
Advertisements
Connectbrazil reserves the right - without liability - to reject, remove and/or cancel any advertisement which contains content or links which do not meet Connectbrazil's advertising criteria, at Connectbrazil's discretion.
Connectbrazil's sole liability in this circumstance will be to refund the pro-rated portion of amounts paid for the unfulfilled advertising term, if any, minus reasonable costs to administer the action.
Connectbrazil may redesign its site(s) at its sole discretion at any time and is not responsible for how its service partners administer their respective sites and mobile platforms.
Connectbrazil does not offer refunds.
As the Advertiser:
- You hereby grant Connectbrazil the right to run your Advertisement(s) on Connectbrazil-branded websites and related social media channels, partner websites and platforms, and e-mailings related to Connectbrazil.
- You agree that failure by Connectbrazil to run any requested Advertisement does not constitute a breach of contract or otherwise entitle You to any legal remedy.
- Your failure to comply with all applicable requirements of the Advertising requirements may delay or prevent delivery of the Advertisements and shall give Connectbrazil the right to immediately terminate the Order.
- You are solely responsible for the content of your Advertisements and any website linked from or to your Advertisements. You agree to indemnify Connectbrazil for all loss, costs, and damages in connection with any claims of infringement of any third-party rights and/or legal costs.
- Any attempt to use Advertisements for transport or delivery of any kind of malware, intentionally or not, and including websites linked or referenced by the Advertisement, will not be tolerated.
You represent, guarantee and witness to Connectbrazil that:
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- You are authorized to run the entire contents and subject matter of all requested Advertisements (including, without limitation, all text, graphics, URLs, and Internet sites to which URLs are linked);
- All such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights or licensing) of any third party;
- You have the full corporate rights, power, and authority to enter into this Order and to perform the acts required of it as stipulated and that the execution of this Order does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation.
- You warrant that each such Internet site is controlled by you and operated by you or your independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site containing the Advertisement.
- It is your obligation to submit Advertising material in accordance with Connectbrazil's current advertising criteria or specifications (including content limitations, technical specifications, privacy policies, user experience policies, policies regarding consistency with Connectbrazil's public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site on which the Ads are to appear) as of the Order’s date of acceptance, other editorial or advertising policies, and material due dates) (collectively "Policies").
- Public Announcements. You hereby grant Connectbrazil permission to publicize the fact that you are a client of Connectbrazil in a press release. However, You shall not use, display or modify Connectbrazil's trademarks in any manner without the prior written consent of Connectbrazil.
Privacy and Compliance
You agree to have a privacy policy in place which meets applicable laws, rules, and regulations governing end users' personal information. Both parties ensure that any collection, use, or disclosure of such information will comply with all applicable laws, regulations, and privacy policies, including requirements of the CAN-SPAM Act. You will not send unsolicited, commercial email or other online communication (e.g., "spam") through to Connectbrazil users and will comply with all applicable Connectbrazil policies. For the purposes of any email or advertising placements, you designate Connectbrazil as the senders for compliance with the CAN-SPAM Act.
This section shall survive the completion, expiration, termination, or cancellation of this Order for a period of six (6) years. You agree not to use Connectbrazil’s name, logo, website address, or any other association to infer or state Connectbrazil’s association or endorsement of your Product or Business, without written permission from Connectbrazil. Further, Connectbrazil reserves the right to edit the final content in question to the satisfaction of both parties.
Payment Terms and Policies
For ‘standalone’ runs (such as banner ads or an e-mailing), scheduling of Advertisements begins once payment is received.
For ongoing advertising programs (such as Directory Listings), you will be invoiced by Connectbrazil on your choice of an annual or monthly basis.
For multimedia campaigns (such as dedicated ‘term length’ promotions involving two or more media platforms), payment terms will be outlined in a written proposal and contract for services.
In all cases, payment is accepted by bank check, fund transfer or via PayPal. All service and transaction fees are your responsibility. If your payment is received more than 30 days after the invoice date, Connectbrazil will assess interest equal to 2 percent of the unpaid balance for each month, (or portion of the month). Interest accrues retroactively from the invoice due date. Additionally, Connectbrazil may remove your Advertisements for non-payment. If the client carries an outstanding balance for more than 90 days, Connectbrazil may, at its discretion: 1) impose a late fee, 2) call for payment-in-full, 3) refer collection to an attorney or collections agency, 4) suspend services until payment has been received. If applicable, you agree to pay all reasonable attorney’s fees or collections agency fees in addition to the late fee and accrued interest. You agree that billing calculations that are based solely on ad impression or quick count metrics (including, but not limited to CPM and CPC) will be exclusively calculated by Connectbrazil.
Cancellation and Termination
Either Party may cancel any specific Order via written notice with at least twenty (20) days prior written notice to the other Party. If any Order is canceled for any reason, you shall pay to Connectbrazil, within thirty (30) days after such cancellation, all amounts not yet paid for the Order, up to the effective date of cancellation. For pre-paid Orders placed via a form, or submitted electronically by any means known or unknown, on a third-party service or partner site, your sole remedy will be a refund for the unused amount. Connectbrazil, nor any of its Partners and Affiliates will have no further liability of any sort regarding your claim.
Liability, Warranty & Indemnity
Unless otherwise stated here, Connectbrazil makes no warranties, express or implied with regard to any and all aspects of its services, products or performance. Connectbrazil disclaims and will not be liable for any loss, injury, cost, or damage suffered by you or any third-party and will not be liable for consequential, special, or incidental damages, including lost profits. You agree that this provision will survive any expiration or termination of this agreement. You also agree that, in no event, that Connectbrazil, nor any of its affiliates be liable to you for any amount in excess of the total dollar amount received by Connectbrazil from you for the specific issue. You agree to defend, indemnify and hold harmless Connectbrazil and each of Connectbrazil's agents, Customers, partners, third-party suppliers and services, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against, and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments (collectively, ''Liabilities''), resulting from any claim against any such parties in connection with your Account except to the extent that such claims directly result from the gross negligence and willful misconduct of Connectbrazil.
General Provisions
It is mutually agreed that this contract will be governed by the laws of the State of Illinois, USA and the county of Lake, both as to interpretation and performance, and may not be superseded by any other local, state, federal or international authority. No joint venture, partnership, employment, or agency relationship exists between you and Connectbrazil. Connectbrazil reserves the right to modify this Agreement at any time, without notice. Updates will be posted to this page. Because you are bound to these terms and conditions, refer to this page at your discretion. You may terminate your account with Connectbrazil at any time.
These terms and conditions have controlling authority over all other agreements of any kind and cannot be assigned to any third-party unless Connectbrazil agrees in writing. Changes to a scheduled Order must be agreed to in writing. If any part of this Agreement is found invalid or unenforceable via judicial decree or decision, the remaining parts will remain intact. All notices to Connectbrazil relating to any legal claims or matters must be made in writing via signature delivery to Connectbrazil, attn: Concierge Services, 6615 Grand Avenue, 111, Gurnee, IL 60031.
Connectbrazil will not divulge specific information that is proprietary to our clients and will consider such information confidential. All terms of this agreement will likewise be considered confidential by all parties.
2. Visitor Terms and Conditions
Welcome to the family of Connectbrazil websites, mobile properties, and other products and services (which we refer to as 'services' below). These services are provided by Connectbrazil and the Montage Communications Group, LLC, 5250 Grand Avenue, 14/111 Gurnee, IL 60031 in the United States.
By using our services, you are agreeing to the terms that govern the use of our websites and these services. Please read them carefully. If you do not understand the terms in this section, or other terms located elsewhere, please consult with a lawyer before accessing or using these services.
Our services may change from time to time. If additional requirements for the use of such services are needed, you'll find them included here.
The following sections outline the terms and conditions (the "Terms") for VISITORS which govern your access to and your use of Connectbrazil's websites and mobile applications that link to or reference Connectbrazil. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Definitions
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, interacts, or in any way uses the Site. "We", "us", "The Service" and "our" refer to Connectbrazil.
"Content" means text, reviews, information, location data, graphic, images, photos, video, audio, and all other forms of data or communication. "Your Content" means Content that you submit to our Sites, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or have displayed in your Connectbrazil account profile. "User Content" means Content that users submit to the Site. "Connectbrazil Content" means Content that we create and make available in connection with the Site. "Third-Party Content" means Content that originates from parties other than Connectbrazil or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and Connectbrazil Content.
Modifications
We may modify the Terms for Visitors from time to time. When changes are made, they will be made available on this page. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your unconditional acceptance of the modification.
The English language expressly governs your relationship with Connectbrazil and is the sole legal basis for this agreement and the Terms and Conditions herein. You may translate these Terms into other languages for your convenience, however, any inconsistencies among the different versions will be resolved in favor of the English version.
Using Connectbrazil
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Connectbrazil expressly serves the United States of America and as such does its best to conform to existing standards of service and regulation. We do not maintain and cannot be responsible for standards, laws, and regulations set by other nations or any application of international law.
If you access Connectbrazil from any other country or location outside of the United States of America, we advise you to be aware of your country’s laws and regulations governing your use of this site. If you choose to use our site, you are willfully “opting in” and it is agreed that you have no recognized legal status with regard to the use of our site and its services.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Visitor Accounts
Currently, Connectbrazil cannot approve Visitor Accounts from the following countries due to GDPR Restrictions: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the UK.
Connectbrazil will delete all submitted information from these above countries until further notice.
Pending approval, users must create an account and provide certain information in order to use some of the features that are offered through the Site. These features may include the posting of reviews and ratings and the creation of a user profile.
As a user of Connectbrazil, you are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify Connectbrazil in writing immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason.
Your Visitor Account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to support your credibility as a contributor to the Site. You may not impersonate someone else (i.e.: adopt the identity of a celebrity living or dead, a fictitious character or your next-door neighbor, or another member of your family), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, please note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Connectbrazil.
Please read our Privacy Policy for more information.
By creating a Connectbrazil Visitor Account, you agree to receive certain communications. You might receive compliments or friend requests from other Visitors. You will also receive occasional e-mailings (including our newsletter) about the information we believe might be of interest to you. You can opt out of non-essential communications anytime.
Content
You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You also represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Connectbrazil.
You may expose yourself to liability if your content contains material that is false, intentionally misleading, slanderous, demeaning or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech, bullying or pornography; exploits or otherwise harms minors, or violates or advocates the violation of any law or regulation.
Political discussion of any kind is not allowed and will be removed without notice.
Connectbrazil may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sublicensable, transferable rights to use your content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access your content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive and cause to be waived, against Connectbrazil and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your content.
You own your content subject to these Terms. We own the Connectbrazil Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding your content, Visitor Content, and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, reserve claims to any other content brought to or created on the site. We also have other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Connectbrazil Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws, practices, and procedures. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Connectbrazil Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Connectbrazil Content are retained by us.
Connectbrazil and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements or for any claim with regard to your content and the generation of revenue by or for the Site. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content ("Feed Content") available via Real Simple Syndication and other feeds. You may use the Feeds for display on your personal computer, website, or blog ("Your Site"), provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on Connectbrazil's websites, and attributes Connectbrazil as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Connectbrazil promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (d) you do not redistribute the Feed Content, and (e) your use of the Feeds does not overburden Connectbrazil's systems. Connectbrazil reserves all rights in the Feed Content and may terminate the Feeds at any time.
User Content does not necessarily reflect the opinion of Connectbrazil. We reserve the right to remove, screen, edit, disallow or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
Review Guidelines
The best reviews are passionate and personal. They offer a rich narrative, a wealth of detail, and a helpful tip or two for other consumers. Here are some additional thoughts for writing a great review at Connectbrazil.com.
Personal experience: We want to hear about your firsthand consumer experience, not what you heard from your co-worker or partner. Tell your own story without resorting to broad generalizations and allegations based on assumption.
Accuracy: Be sure your review is factually correct. Feel free to air your opinions, but don't exaggerate or misrepresent your experience.
Originality: NEVER copy a review from another Visitor or from another website and publish it at Connectbrazil. NEVER plagiarize someone else’s story. Both of these actions are illegal and when discovered on our site, Connectbrazil will terminate the Visitor Account and work with authorities to resolve the matter. We take these issues seriously, so you should, too.
Review updates: Review updates should reflect a new experience or interaction with the business. Don't tell the same old story you've already told. If you'd like to add new insight to an old experience, just edit your previous review instead of creating a new update.
User Profile Guidelines
Don't be shy! Use your account profile to let people know who you are and what you love about Brazil. Visitors want to read reviews from people they know and trust (not those with profiles that are empty or filled with inappropriate content).
Event Guidelines
Do you know about a great event? Great! Post it to the Events tab at the top of any page at Connectbrazil. Please don't use Events to post your recurring promotional announcements and sales – we offer Classifieds for that. We also like to keep the content fresh, so please don't post events more than 6 months in advance.
Restrictions
Connectbrazil loves to share what we discover about Brazilian culture. We hope you do, too. You agree to not:
a. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
b. Violate any third-party rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
c. Threaten, stalk, harm, bully `or harass others, or promote bigotry or discrimination, promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Connectbrazil;
d. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third-party website;
e. Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
a. Violate the Terms; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your content), except as expressly authorized by Connectbrazil;
b. Use any robot, skimmers, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
c. Reverse engineer any portion of the Site;
d. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
e. Record, process, or mine information about other users;
f. Access, retrieve, or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
g. Reformat or frame any portion of the Site;
h. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Connectbrazil's technology infrastructure or otherwise make excessive traffic demands of the Site;
i. Attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
j. Use the Site or any Site Content to transmit any type of malware, viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Malware");
k. Use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
l. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content, or:
m. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above apply to the full extent of State and Federal law, where applicable.
Third-Party
Connectbrazil may contain links to third-party websites, advertisers, services, or other events or activities that are not owned, managed or controlled by Connectbrazil (collectively, "Third Party(ies)"). Connectbrazil does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, links, or services.
If you access a Third-Party website from any part of Connectbrazil or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and the Connectbrazil Privacy Policy do not apply to your use of such Third-Party sites or services.
You expressly relieve Connectbrazil from any and all liability arising from your use of any Third-Party website, service, link, or content.
Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Connectbrazil shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers, suppliers or services and from any link or action taken by you to access them.
Content Guidelines
By using our site, you represent that you have read and understood our Content Guidelines.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms and Privacy Policy; (c) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.
Copyright And Trademark Disputes
Please read our Infringement Policy for information about copyright and trademark disputes. We do not abide those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
1. Identification of the copyrighted or trademarked work that you claim has been infringed;
2. Identification of the allegedly infringing content and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Conversely, we do not abide those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
1. Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
2. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
3. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Yelp is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Yelp, or an agent of such person;
4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer. You can send us your copyright or trademark notices by mail or courier to:
The Montage Communications Group, Inc.
Copyright
6615 Grand Avenue, 111
Gurnee, IL 60031
By use of Connectbrazil’s websites or by entering any contest through Connectbrazil’s Internet entities, you agree to our Terms of Use Agreements as stated herein and to the use of your personal information as described in this document.
Visitor Account Warranties
Deals, Classified Ads, and Advertising on Connectbrazil
When you purchase (or offer for sale) a Deal, a Classified Ad or any other form of Advertising which results in a completed transaction on Connectbrazil, you are entering into a Third-Party agreement for services between a supplier and a consumer, exclusive of any responsibility implied or incurred by Connectbrazil. The terms of your purchase will be governed by the transaction.
CONNECTBRAZIL MAKES NO WARRANTIES AS TO THE MERCHANT, ADVERTISER OR SELLER, OR THE PRODUCTS OR SERVICES THAT ARE OFFERED BY SUCH. CONNECTBRAZIL DISCLAIMS ALL WARRANTIES OF QUALITY, CONDITION, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE PURCHASED BY YOU IN CONNECTION WITH ANY DEAL, CLASSIFIED AD OR ADVERTISEMENT. AS BETWEEN CONNECTBRAZIL AND YOU, YOU AGREE THAT YOU ARE PURCHASING AND USING THESE PRODUCTS AND SERVICES AT YOUR SOLE RISK AND THAT ANY AND ALL LEGAL RECOURSE WILL RESIDE BETWEEN THE SELLING PARTY AND THE BUYING PARTY. CONNECTBRAZIL MAKES NO WARRANTIES AS TO THE PRIVACY AND SECURITY OF SUCH TRANSACTIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CONNECTBRAZIL REPRESENTATIVE WILL CREATE A WARRANTY, A GUARANTEE, OR PROMISE.
UNDER NO CIRCUMSTANCE WILL CONNECTBRAZIL REFUND OR COMPENSATE ANY PART OR PORTION OF A THIRD-PARTY TRANSACTION. SIMILARLY, CONNECTBRAZIL WILL OFF NO REFUND ON THE COST OF POSTING ANY OFFER FOR SALE, TRADE, OR BARTER FOR PRODUCTS OR SERVICES OFFRED ON THIS SITE OR ON BEHALF OF THIS SITE.
If you are not comfortable with any part of any advertisement viewed on the SITE, do not enter into the transaction. You are solely responsible for the choices you make.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Third Parties
The Site may include links to other websites or applications (each, a "Third-Party Site"). We do not control or endorse any Third-Party Site, its actions or behavior. You agree that we are not responsible for the availability or contents of such Third-Party Sites. We want to clearly advise you that your use of Third Party Sites is at your own risk.
Some of the services made available through the Site are provided in connection with third parties and subject to additional terms which may or may not be posted here.
Indemnity
You agree to indemnify, defend, and hold Connectbrazil, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Connectbrazil Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Site, (d) your violation of the Terms, (c) any products or services purchased or obtained by you in connection with the Site, or (e) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Connectbrazil reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Connectbrazil. Connectbrazil will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF CONNECTBRAZIL AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "CONNECTBRAZIL ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THIS SITE IS RUN BY HUMANS AND AS SUCH, IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE CONNECTBRAZIL ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CONNECTBRAZIL ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.
THE CONNECTBRAZIL ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE CONNECTBRAZIL ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE CONNECTBRAZIL ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CONNECTBRAZIL ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE CONNECTBRAZIL ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CONNECTBRAZIL ENTITIES IN CONNECTION WITH THE SITE IN THE 90 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE CONNECTBRAZIL ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law and Venue
Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Connectbrazil (a "Claim"), without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LAKE COUNTY, ILLINOIS.
Termination of Visitor Account
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Connectbrazil with written notice of termination. Please review our Privacy Policy for more information.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, your Content, Site Content, or any other related information.
In the event of any termination, whether by you or us, all pertinent sections of these Terms will continue in full force and effect, including our right to use your content as detailed above.
General Terms
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Connectbrazil's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or have the ability to be licensed to another party by you except with Connectbrazil's prior written consent but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
3. Contests
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A CONTEST UNLESS OTHERWISE INDICATED. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING UNLESS OTHERWISE INDICATED.
These rules govern all contests and prize promotions officially conducted or administered by Connectbrazil and/or any of its officially recognized, wholly-owned partners, including The Sounds of Brazil!, Connectbrazil.com, and our streaming channels. From time to time, Connectbrazil may at its discretion, promote third-party contests. It is understood that in these instances, the third party’s terms will take precedence, exclusive of any responsibility stated or implied by Connectbrazil’s participation.
The contest rule may be amended at any time.
Winners will be solely responsible for all taxes and fees, and all other fees and expenses not specified herein associated with the receipt and use of the Prize. Connectbrazil accepts no responsibility for repairing any real or supposed damage to any prize.
All prizes or prize certificates will be mailed to the winners’ supplied mailing address. The winner will forfeit any prize or prize certificate not claimed within forty-five (45) days of winning. Prizes or prize certificates mailed to the winners will be preceded by the written consent of the winner and therefore, the winner assumes the risk of its loss. Connectbrazil, nor its affiliate prize suppliers, is not responsible for the safe arrival of a prize or prize certificate.
There is no substitution, transfer, or cash equivalent for prizes, except that Connectbrazil may, at its sole discretion, substitute prizes offered as comparable value. The prizes are expressly limited to the item(s) listed and unless otherwise expressly specified, do not include taxes, gratuities, or any other expenses. Other restrictions may apply.
- Payments of all federal, state, and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $500 or more or for any prizes awarded by Connectbrazil in a calendar year with an aggregate value of $500 or more. Failure to submit a complete W-9 or equivalent may result in forfeiture of the prize. Such winnings of $500 or more will be reported to the IRS.
- By participating in the Contest, the winner agrees to have the winner’s name, voice, and likeness used in any advertising or broadcasting material relating to the Contest without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.
- Prior to awarding any prize or prize certificate, Connectbrazil, in its sole discretion, may require Contest winners to sign a liability release, agreeing to release and hold harmless Connectbrazil, its licensee, the licensee’s parent, subsidiary and affiliated entities, their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Contest.
- If for any reason this Contest cannot be executed as planned, including, but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, Acts of Nature, or any other causes beyond the control of Connectbrazil that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Connectbrazil reserves the right to cancel, terminate or modify the Contest. If the Contest is terminated before the original end date, Connectbrazil reserves the right to select the winners by random drawing from among all eligible non-suspect entries received as of the termination time/date or otherwise modify the procedure for selecting winners.
- Connectbrazil, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of Connectbrazil’s website. Failure to comply with the rules of the Contest may result in a contestant’s disqualification and/or forfeiture of any prize or prizes. If Connectbrazil makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Contest, Connectbrazil reserves the right to disqualify that entrant from entering and/or winning future Contests and to prosecute and seek damages to the fullest extent permitted by law.
- Connectbrazil reserves the right to make changes in the rules and the terms and conditions of the Contest without notice, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of Connectbrazil, any competition or prize-related event or travel is delayed, rescheduled, postponed, or canceled, Connectbrazil reserves the right, but not the obligation, to cancel or modify the Contest and shall not be required to award a substitute prize.
- Connectbrazil is not responsible for typographical or other errors in the printing, broadcast, or the publication of any information, the offering or the administration of the procedures, or details or the terms of the Contest, or in the announcement of any winner or any prize.
- For a copy of these Official Rules, send a self-addressed stamped envelope to Connectbrazil – Official Rules”, 6615 Grand Avenue, 111, Gurnee, IL 60031. The Official Rules and the Winner List (when completed) may be posted online at www.Connectbrazil.com.
In all cases, agreement to these Terms and Conditions includes additional unnamed terms for any contest. It is understood that these additional terms will be made publicly available and that the entrant is responsible for deciding to enter and participate in any such contest, whether by personal choice or action or by proxy in any form.
Winners will be solely responsible for all taxes and fees, and all other fees and expenses not specified herein associated with the receipt and use of the Prize. Connectbrazil accepts no responsibility for repairing any real or supposed damage to any prize.
Use of an ‘Alias’ and/or a temporary, ‘blind’ or invalid email address is not allowed and will not be accepted as a valid entry.
Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. One email entry per person unless otherwise specifically stated. Multiple participants are not permitted to share the same email address. Entries submitted will not be acknowledged or returned. Unusual activity from a single IP address may also be cause for disqualification.
Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Connectbrazil. Connectbrazil’s computer is the official time-keeping device for all contests. Connectbrazil is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems.
Connectbrazil is not responsible for Internet service outages, delays, equipment malfunctions and any other technological difficulties that may prevent an individual from completing his/her registration, voting process or winner’s confirmation process. All communication for contests or prize awards will be completed by email only via Connectbrazil’s ‘Contact Us’ page – the official email client for the Contest. While communication via Facebook, Twitter, Connectbrazil and Connectbrazil.com may be used to assist and advise, these services will not be considered official.
To participate in any contest, you may alternatively mail in an entry on a 5x7 index card with your name, complete address, city, state, zip code, telephone number, a valid email address and date of birth, and the names and email addresses of up to five (5) friends you would also like to qualify to Connectbrazil, 6615 Grand Avenue, 111, Gurnee, IL 60031
Connectbrazil is not responsible for lost, stolen, mangled, misdirected, postage-due, illegible, incomplete or late entries. Connectbrazil will not respond or confirm any entry sent by postal mail. In all cases, written or printed entry of up to five friends (proxy entries) constitutes permission by each entrant.
Only one mailed original entry per person is allowed. If the listener is also nominated by a friend, it will be considered a bonus entry and will be allowed.
Connectbrazil may, on an irregular basis, send notifications and updates regarding a contest via email, or other social media channels. As a registered entrant, you agree to receive these communications as a condition of participation. If any registered entrant should choose to ‘opt out’ from these communications, the entrant’s eligibility to win may be forfeited.
Contests officially conducted by Connectbrazil are open to all persons who are 18 years of age or older and who reside in the United States of America, Canada, Great Britain, and Brazil unless otherwise stated. Employees of Connectbrazil, its subsidiary and affiliated entities, Connectbrazil’s advertising and promotional agencies, its participating sponsors, and affiliate partners and webcast partners, the members of their immediate families (spouse, parent, sibling, or child), and those living in the same household of each (whether related or not) are ineligible to enter or win. Contests are subject to all applicable US federal, state, and local laws and regulations and are void where prohibited. International law may further regulate the terms and conditions of any part of an award or prize, and any such regulations shall be considered beyond the scope of responsibility of Connectbrazil.
Odds of winning depend upon the number of entries received and/or the number of prizes awarded.
Winners will be notified by the Contests Department via email. The winner must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or the prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
Decisions of Connectbrazil management with respect to any contest are final.
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