Terms of Use

By accessing the UBNA App application and / or the site www.umbrasileironaamerica.com.br through any device, mobile or desktop, you agree to the Terms of Use established in this electronic contract.

Using an account of his own title or a third-party account, you will be subject to the terms of this agreement. If you want to create an account on UBNA App and make use of the service, please carefully read these Terms of Use.

        

You should also read the Privacy Policy, available for inspection at the application's site, which can be accessed by any web connection or at the side menu of UBNA App. If you do not accept or agree to the terms of this agreement, including the Privacy Policy, do not use the service.

        

        If in doubt about this agreement, please contact us.  

1) Acceptance of Terms of Use

        a) This Agreement is an electronic contract that sets out the legally binding terms between you, the company and the service provided by it. It includes our Privacy Policy and by accessing or using our service, you accept and agree to all the terms set forth herein. To withdraw your consent to these terms, you must stop using the service and terminate your account at the UBNA App. To receive an electronic copy of the contract, make contact through the following address: contato@umbrasileironaamerica.com.br .

        b) This Agreement may be modified by the company providing the service at any time and without restriction, getting pre-established the continuity of the user's consent in relation to the established Terms of Use.

2) Instagram

        The information provided by you. You will be required to give certain information to access our application, communicating with us by other means, making use of our services. Due to the nature of our service should be required from you to provide some specific details. The information includes your name, email id (s), user ID, access to public content from your account. The information collected in the above procedures should be used strictly to provide our best services to you.

2) Intended Use

        This application has no functions specifically intended for certain specific age groups, however it is preferably directed to people older than 12 years of age. If you are under 12 years of age, report to your parent or guardian about the intended use and ask permission. Any inappropriate or harmful use of the service is expressly prohibited. By accessing and using the application and its tools, you state and understand that you have the right, authority and capacity to enter into this agreement and to comply with all terms and conditions set by it.

        If you create an account, it will be taken the assumption that you have no conviction for crimes of any nature or is forbidden to interact socially by any governmental or legal body. If you use the service outside of Brazil, you are responsible for meeting the territory's laws and regulations from which you access the application and / or it’s tools, subject to the penalties of the territory concerned and individually assuming all risks involved for any legal noncompliance.

3) Creating an account

To use the UBNA App, you must create a user profile within the application. If you log in using your Facebook account, the system will import some data to make your profile registration easier, but you need to complete the registration anyway, with additional information. By doing so, you authorize the company that operates the service to access and use the information from your Facebook account, limited to their public profile and friends, duly shared by you. For more information on the data collected and how they can be used by our system, please see our Privacy Policy.

4) Contract term and rescission principles

        This Agreement shall remain in full force and effect while you use the service and / or have an account on UBNA App. You can deactivate your account at any time for any reason by accessing the "Edit Profile" menu in the application. The company may also terminate or suspend your account at any time without notice if it believes that you have violated this Agreement or for any other reason, with or without cause, according to the own corporate criteria. Upon termination or suspension, you will not be entitled to any refund or compensation. The company is not obliged to report on the suspension of your account or on the reasons that led to it. Once your account is eventually terminated for any reason, all the terms of this Agreement shall survive the termination, continuing the same in full force and effect.

5) Security

        You are responsible for maintaining confidentiality in relation to the username and password that you designate during the registration process, you are solely responsible for all activities that occur under your username and password. You are responsible for immediately notifying the company of any disclosure or unauthorized use of your username or password or any other breach of security by  contacting the following address: contato@umbrasileironaamerica.com.br.

6) Non-commercial use by users

        The service is only authorized for personal use, driven by the purpose of entertainment, social interaction, public utility and related. Users can not use it for any commercial purpose nor serve any marketing or industrial nature content through it, including design, text, graphics, images, video, information, logos, software, audio files and computer codes. Users of the service can not use any information obtained from the service to contact, make public, solicit, or sell to any user without prior explicit consent of the company providing the service. The company can investigate and take the legal measures available in response to the illegal use and / or unauthorized service, including collecting usernames and / or email addresses of members by electronic or other means for the purpose of sending e- unsolicited email and unauthorized framing service.

7) Direitos de Propriedade

        a) The company owns and retains all proprietary rights over the Service, and all content, trademarks, trade names, service marks and other intellectual property rights related to it. The service contains copyrighted material, trademarks and other proprietary information of the company and its licensors. You agree not to copy, modify, transmit, create any derivative works, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other intellectual property or information available through the service, without first obtaining the prior written consent of the company, or, if that property is not owned by the same, the owner of the intellectual property or proprietary rights. You agree not to remove, conceal or alter any proprietary notices that appear on any content, including copyrights, trademarks and other intellectual property notices.

        b) If at any time any person or entity, consider that it’s work has been copied or posted on our interfaces, so that constitutes copyright infringement, you should report it to  the service administrators through the Report Function within the app.

8) Posted content Responsibility

        a)You are solely responsible for the content and information you post, upload, post, link, transmit, record, display or make it available in other ways via the application and its interfaces / tools, or transmit to other users, including text messages, chat, videos (including streaming videos), pictures or text-profile, whether publicly or privately published. You can not send, as part of the service, or transmit to the company or any other user (whether in or out of service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive or illegal material, or any material that infringes or violates the rights of another person (including intellectual property rights and rights of privacy and publicity).

        b) You understand and agree that the Company may but is not required to monitor or review any content that you post. It may delete any content, in whole or in part, that the sole discretion, violates this Agreement or may harm the reputation of the service or company.

        c) When you publish content in any of the service interfaces you automatically grant to the company, its affiliates, licensees and successors, an irrevocable, perpetual, transferable, sub-licensable of all rights throughout the world to use, copy, store , perform, display, reproduce, record, reproduce, adapt, modify and distribute the content, prepare derivative works of the content or incorporate the content into other works, and granting licenses and authorize the above in any media now known or hereafter created.

        d) In addition to the content types described in the previous section, you are also prohibited to send, upload, display or otherwise make available any content that:

- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

- Defend the harassment or intimidation of another person; - Use the service to ask money, willing to extort, cheat or otherwise prejudice the application users and their tools;

- Involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spam" of any other nature;

- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or objectionable / blameworthy;

- Promotes an illegal or unauthorized copy of copyrighted work of another person, such as providing pirated computer programs or links to them, providing information to circumvent copy protection devices installed / manufactured or provide images, audio or pirated video, or links to pirated images, audio or video files;

- Contains video, audio, photographs or images of another person without permission (or, in the case of a underage, it’s legal guardian);

- Provides material that exploits people illegally, sexual, violent or other, or solicits personal information from anyone under 18 years of age;

- Provide instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or provide, disclose or create computer viruses;

- Contain viruses, logic bombs, Trojan horses, cancelbot, worms and other malicious  or disruptive code, components and devices;

- Personifies, or misrepresents an affiliation, connection or association with any person or entity;

- Provides information or data you do not have the right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

- Solicits passwords and personal identifying information for commercial or unlawful purposes from other users or disclose someone else's personal information without their permission;

- Disseminates and promotes activities and / or commercial transactions without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

The company reserves the right, in its sole discretion, to investigate and take legal action against anyone who violates this provision, including removing the offending communication from the service and terminate or suspend the account of such violators. You agree that any content you put in service can be seen by other users and can be seen by anyone who visits or participate in the service.

9) Interaction and relationship with other users

  1. You are solely responsible for your interactions and your relationship with other users. By using the service, you assume to be fully aware that the company does NOT NECESSARILY check, criminal record or any negative appointment of its members. The company also makes no representations or warranties with respect to user behavior or their compatibility with any group, trend, thought current or future users. The company reserves the right to conduct any criminal background check or other notes on registration, if deemed appropriate or necessary.
  2. The company is not responsible for the conduct of any user. In no circumstances shall the Company, its affiliates or partners be liable (directly or indirectly) for any loss, injury or damages, whether direct or indirect, material, financial or psychological, resulting from or related to the conduct of any user of the service, including without limitation, death, bodily injury, emotional distress and / or any other damages resulting from communications or meetings with other users or persons who are using the service. When using the service, you assume the responsibility to take all necessary precautions in all interactions with other users, including in situations where communicating out of the service offered or meet someone who has known through this service. You agree also to regularly monitor the safety tips offered by the company, provided the channels of communication with the user.

10) Prohibitions

The company reserves the right to investigate, suspend and / or terminate your account if you use the service in a way that the company deems inappropriate, unlawful or inconvenient, including actions or communications that occurs out of service, but involving users you come to know through the service. In addition to actions already mentioned in previous items of this contract, follows a supplementary list of practices that you can NOT adopt to use the service:

- Collect usernames and / or email addresses of members by electronic or other means for the purpose of sending unsolicited email or any other unauthorized form of communication involving the intermediate application;

- To produce a "frame" or "mirror" of any part of the service without prior written consent of the company;

- Use meta tags ,code or other devices containing any reference to the company or service (or any trademark, trade name, service mark, company logo or slogan) to direct any person to any other website for any purpose;

- Use any robot software, spider, site of application search / recovery or other device or process, manual or automatic, to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation service or its contents;

- After use, transmit or distribute, directly or indirectly in any manner or media any content or information obtained from the service that is not strictly necessary in order to connect and use the service in accordance with this Agreement;

- Interfere with or disrupt the service or servers and networks connected to the service.

11) Costumer Service

The company provides assistance and guidance to users through its customer service channels, limited to digital and electronic media (e-mails, links and networking interfaces). It is not obligation or liability of the company to offer assistance service by telephone or voice mechanisms, except in cases of proven ineffectiveness of all digital and electronic channels of customer service.

When communicating with the company and / or its customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racist or in any other manner inconvenient, threatening or incorrect. For users who incur in any of the cited misconduct, we reserve the right to summarily terminate the provision of the service and maintenance of the account.

12) Modification of the Service

The company providing the service reserves the right, at any time, to modify it, revise it or stop it temporarily or permanently, partially or fully, with or without notice. You agree that the company will not be liable to you or any third party for any modification, suspension or discontinuance of the service.

13) Disclaimer

You acknowledge and agree that neither the company nor its subsidiaries and partners are responsible, directly or indirectly, for any loss or damage, including personal injury or death as a result of or accused of being the result of any content posted incorrectly in the service caused by users or any of the equipment or schedule associated or utilized in the service; the timeliness, deletion or removal, delivery or failure to store any incorrect content, communications or personalization settings; the conduct, whether online or offline, of any user; any error, omission or defect, interruption, deletion, alteration, delay in operation or transmission, theft or destruction or unauthorized access, any user communication or user; or any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, e-mail failure or players on account of technical problems or traffic congestion on the Internet or any site or combination thereof, including injury or damage to users or computers of any person or device related to or resulting from participating or downloading materials in connection with the Internet and / or in connection with the Service. The company makes no warranty of any kind, either express, implied, legal or in any other way regarding the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not guarantee that the service will not be interrupted or will operate without errors.

Any material downloaded or otherwise obtained through the use of the service is accessed by the account and risk of the user, who will be solely responsible for any and all damage to your device, computer system, Internet access, data loss or corruption that results to may result from downloading any material in the shared service interfaces. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.

The company may make available from time to time, through the service, opinions and third party information, advice, statements, offers or diversified content. All third party content is the responsibility of the authors of the same and should not necessarily be relied upon. Such third-party authors are solely responsible for such content.

The company does not:

        (I) ENSURES accuracy, completeness or usefulness of any third party content provided through the service or

        (II) ADOPTS, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party to appear on the service. Under no circumstances the company or its affiliates will be liable for any loss or damage caused by your reliance on information or other content posted on the Service, or transmitted to or by any user.

Any advice or tip that may be posted on the service is only for informational and entertainment purposes and is not intended to replace any financial advice, medical, legal or other professional segment. The company makes no representations or warranties and expressly disclaims any liability to any treatment, action or effect on any person following the information offered or provided within or through the service. If you have specific concerns or a situation arises that requires professional counseling or medical, you should look for a properly trained and qualified specialist.

        

14) Ads, promotions and links

The service may contain advertisements and promotions offered by third parties and links to other sites or resources. In these cases, the company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, information, statement, advertising, goods or services, or other materials on or available from such sites or resources. Your correspondence or business dealings with, or participation in promotions of third parties found on or through the Service, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between users and third parties. The company will not be responsible, directly or indirectly, for any damage or loss caused by or in connection with use of the service.

15) Arbitration and Applicable Law

Any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or service will have a priority means of arbitration the Arbitration Councils, Committees or specific codes of business regulation, with priority for the most well-known, respected and trusted . The impossibility of commercial mediation, arbitration will be made by small claims courts.

Processes to enforce this arbitration agreement, including any action to confirm, modify or set aside an arbitral decision, may be brought in any court of competent jurisdiction. In the event that the arbitration agreement is for any reason held to be unenforceable, any litigation against the company (except for small claims lawsuits) can be initiated only in the state and federal level of the Brazilian judicial system, located in the district of Fortaleza, Ceará. By using the service you irrevocably consent to the jurisdiction of such courts for such purposes.

16) Notices and Announcements

The company may send you notices and / or communications about changes to this agreement, changes in service or any other information using any means known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings service. These warnings may not be received if you violate this agreement, accessing the service by unauthorized means. You agree that are considered as received all notices and communications that have been sent since you accessed the service by authorized means.