Terms of service | FotoTibia

User agreement

Welcome to FOTOTIBIA website located at fototibia.com (collectively, the Site). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use set forth below:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE. THANK YOU.

Introduction

Our Site and the materials and services provided thereon (the Services) are owned and operated by FOTOTIBIA. The Terms of Use along with the FOTOTIBIA Privacy Policy apply to and govern your use of the Site and Services. The Terms of Use and Privacy Policy are collectively referred to as the Agreement. Before using the Site and Services, please review each document in the Agreement. As used herein, references to your or you shall include anyone who uses our Site and/or Services, and if you are a member, any authorized user of your account with FOTOTIBIA.

1 - Site Use

THE SITE AND SERVICES ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. CHILDREN UNDER THE AGE OF 13 MUST BE SUPERVISED BY A PARENT OR GUARDIAN TO USE THE SITE AND SERVICES.

All visitors to the site are subject to basic rules of conduct while using and accessing the services. By using the services and accessing this site you agree to:

= Refrain from violating applicable federal, state and international laws;
= Refrain from using the services provided on the site to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual or entity;
= Refrain from using the services provided on the site to harass, threaten, stalk or abuse users of the site;
= Refrain from using the services provided on the site to harm minors;
= Refrain from posting content on the site that is obscene, vulgar, harmful or offensive in nature or posting any content that contains nudity or is gratuitously violent, explicitly sexual, defamatory, libelous or violates the copyright, trademark, patent or other intellectual property rights of FOTOTIBIA or any third party;
= Refrain from interfering with others use of the site;
= Refrain from using the services provided on the site to invade the privacy of others, or to collect and use an individuals personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the site; and
= Refrain from using the services to create a false identity or to impersonate another person.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

= post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
= post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

FOTOTIBIA does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. FOTOTIBIA does not confirm that each user is who he or she claims to be. FOTOTIBIA exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred FOTOTIBIA is no way liable for such misuse. Because FOTOTIBIA is not involved in user-to-user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release FOTOTIBIA from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. FOTOTIBIA acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If FOTOTIBIA becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, FOTOTIBIA may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. FOTOTIBIA has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. FOTOTIBIA expects that you will use caution and common sense when using the Site and Services.

FOTOTIBIA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FOTOTIBIA FOR SUCH REMOVAL AND/OR DELETION.

FOTOTIBIA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

2 - Passwords and Security

Upon becoming a user of the Site, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to post Posted Content, review information regarding potential and completed transactions and otherwise access and use the Site and Services in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release FOTOTIBIA from any and all liability concerning such transactions or activity. You agree to notify FOTOTIBIA immediately of any actual or suspected loss, theft or unauthorized use of your account or password. FOTOTIBIA has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. FOTOTIBIA will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

3 - Modifications

FOTOTIBIA may modify the Agreement (including these Terms of Use and the Privacy Policy, the Services), or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms of Use or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review the Agreement periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms of Use and Privacy Policy in their then-current form each time you use the Site.

4 - Third Party Sites

Users may gain access to third party sites on the Internet from the Site through hypertext or other computer links. Such third party Sites are not within the supervision or control of FOTOTIBIA and we do not make any representations or warranties whatsoever about any third party site that is linked to this site. A link to a third party site from this Site does not constitute an endorsement of the products or services offered on such third party site.

5 - Termination

You agree that FOTOTIBIA, in its sole discretion, may terminate your use of the Site and Services, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if FOTOTIBIA believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. FOTOTIBIA may also in its sole discretion and at any time discontinue providing the Site and Services or any part thereof, with or without notice. Termination of your access to and use of the Site and Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to FOTOTIBIA.

6 - Entire Agreement

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT ALLOWED BY LAW, THAT FOTOTIBIA IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING EMAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF FOTOTIBIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOTOTIBIA LIABILITY SHALL BE LIMITED TO ONE HUNDRED BRAZILIAN REAIS (R$ 100,00) IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.