User relationship with TransBrasil Virtual
The use of TransBrasil Virtual products, services and web sites (collectively referred to as “Services” in this document) by the user is subject to the terms of a contract between the user and TransBrasil Virtual, VIRTUAL AIRLINE of legal ownership – and non-profit-making – of the individual who owns the domain “www.transbrasilvirtual.com.br”, together with Registro.br, NIC.br department responsible for registration and maintenance of domain names using .br. This document explains how the contract is made and presents its terms.
The user agreement with TransBrasil Virtual will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. All such terms are hereinafter referred to as “Additional Terms”. In those cases where Additional Terms apply to a Service, such terms will be available to you to read in or through the use of that Service.
The Universal Terms, together with the Additional Terms, form a legal agreement between the user and TransBrasil Virtual regarding the use of the Services by the user. It is important that the user reads them carefully. Collectively, this agreement is called “Terms”.
In the event that there is any contradiction between what the Additional Terms indicate and what the Universal Terms indicate, the Additional Terms shall prevail in relation to that Service.
Acceptance of Terms
To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. Acceptance of the Terms is unique, exclusively, through the user’s subscription to TransBrasil Virtual. Once the user has completed his application, he is automatically accepting the Terms.
You may not use the Services or the Terms if:
- has no legal age to enter into an agreement with legal effect with a TransBrasil Virtual; or
- is a person with restrictions on the acceptance of services imposed by the laws of Brazil or other countries, including the country where the user is resident or from which they use the Services.
Before continuing, you must print or save a local address of the Universal Terms in your records.
Services Provision by TransBrasil Virtual
A TransBrasil Virtual is constantly innovating to offer the best experience to their users. You acknowledge and agree that that the form and the nature of the Services provided by TransBrasil Virtual may change occasionally without notice to you.
As part of this constant innovation, the user is aware and agrees that TransBrasil Virtual may, in its sole discretion, leave (permanently or temporarily) to provide the Services (or any functionality of the Services) to users in general, without prior notice. You may not use the Services at any time. You do not need to specifically inform TransBrasil Virtual when you stop using the Services.
You acknowledge and agree that, if TransBrasil Virtual deactivates your account under the VA Rules, you may be prevented from accessing the Services, account details or any files or other content that are in the account.
Use of the Services by the user
To access certain Services, you may be required to provide personal information (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that the registration information you provide to TransBrasil Virtual will always be accurate, correct and current.
You agree to use the Services only for the permitted purposes:
- by Terms; and
- by any laws, regulations or practices generally accepted in the relevant jurisdictions (including all laws regarding the export of data or software to and from Brazil or other countries from which the Services are being accessed).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by TransBrasil Virtual, unless you are specifically authorized to do so under a separate agreement entered into with TransBrasil Virtual. You specifically agree not to access (or attempt to access) any of the Services through automated means (including use of scripts or web crawlers), and you must ensure that you comply with the instructions set forth in all robots.txt files presented in the Services.
You agree not to engage in any activity that interferes with or disrupts the operation of the Services (or servers and networks connected to the Services).
Except if you have been specifically authorized by a separate agreement with TransBrasil Virtual, you agree not to reproduce, duplicate, copy, sell, market or resell the Services for any purpose whatsoever.
You agree that you will be solely responsible (and that TransBrasil Virtual has no responsibility to you or any third party) for any breach of your obligations with respect to the Terms and the consequences (including any loss or damage that TransBrasil Virtual may suffer) resulting from such non-compliance.
Account security and user passwords
You agree and understand that you will be responsible for maintaining the confidentiality of the passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to TransBrasil Virtual for all activities that occur in your account.
SIf you become aware of any unauthorized use of your password or your account, you agree to immediately notify TransBrasil Virtual through its website.
Privacy and user personal information
You agree to the use of your data in accordance with the privacy policies of TransBrasil Virtual.
Your content in our services
The user understands that full responsibility for all information (such as data files, written text, computer software, music, audio files or other sounds, photos, videos or other images) that you can have access by the Service, or though their use, belongs to the person who gave rise to this content. All of this information is called “Content”.
The user must be aware that the “content” presented to you as part of the Service may be protected by intellectual property rights, that is, they are owned by those who provide such content to TransBrasil Virtual (or other persons or companies on its behalf). The user cannot modify, rent, lease, loan, sell, distribute or creation of works based on the “Content” ( all ou part of it), unless you have been specifically authorized to do so, by a separate agreement with TransBrasil Virtual or the owners of this content.
TransBrasil Virtual reserves the right to pre-screen, review, tag, filter, modify, refuse or remove anything from any content.
You may use the services, and may be exposed to content that you may consider to be offensive, indecent or objectionable, and in this respect uses the services at your own risk.
You agree that you will be solely responsible (and that a TransBrasil Virtual has no responsibility to you or any third party) for any Content you create, transmit or view while using the Services and for the consequences of your actions ( including any loss or damage that the TransBrasil Virtual can suffer from this).
You acknowledge and agree that TransBrasil Virtual holds all legal rights, title and interest in the Services, unless otherwise specified, including any intellectual property rights that subsist in the Services (whether those rights are registered or not, and in any part of the world where these rights may exist). In addition, you acknowledge that the Services may contain information designated as confidential by TransBrasil Virtual and will not disclose such information without the prior written consent of TransBrasil Virtual, while in breach of this, you may be subject to the penalties set forth in the Rules of the VA.
Unless you have agreed in writing to the contrary with TransBrasil Virtual, nothing in the Terms entitles you to use any of the trademarks, service marks, logos, domain names, and other special brand features of TransBrasil Virtual.
If you have been granted an explicit right to use any of these trademark features through a separate written agreement with TransBrasil Virtual, you agree that the use of these features will be done in accordance with this agreement, with any clauses applicable to the Terms and the guidelines for use of the TransBrasil Virtual, brand features, as may be updated from time to time.
TransBrasil Virtual acknowledges and agrees that it does not obtain any right, title or participation by you pursuant to these Terms in connection with any Content you may submit, post, transmit or display on or through the Services, including any intellectual property rights (whether these rights are registered or not, and in any part of the world where such rights may exist). Unless you have agreed otherwise in writing with TransBrasil Virtual, you agree that you are responsible for protecting and enforcing those rights and that TransBrasil Virtual has no obligation to do so on your behalf.
You agree that you will not remove, obscure or modify any proprietary rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
Unless expressly authorized in writing byTransBrasil Virtual to do so, you agree that by using the Services, you will not use any commercial trademark, service mark, registered trademark, logo of any company or organization in any way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You may not (nor permit anyone else) to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code from the sites or any part thereof, unless expressly permitted or provided by law, or that the user has been specifically authorized to do so by TransBrasil Virtual, in writing.
User Content License
You retain copyright and any other rights you already have in connection with the Content you submit, post or display on or through the Services. By submitting, posting or displaying content, you grant TransBrasil Virtual an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly distribute, publicly display, and distribute any Content that user to post, publish or display on or through the Services. This license is for the sole purpose of enablingTransBrasil Virtual to submit, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this license includes the right ofTransBrasil Virtual to make such Content available to other companies, organizations or individuals with who TransBrasil Virtual has relationships for the provision of licensed services and for the use of such Content related to the provision of those services.
You understand that TransBrasil Virtual, in performing the technical steps necessary to provide the Services to our users, may:
- transmit or distribute your Content over several public networks and on various data media; and
- make the necessary changes to User Content to adjust and adapt this Content to the technical requirements for connecting networks, devices, services, or media. You agree that this license will allow TransBrasil Virtual to perform such actions.
The user confirms and warrants to TransBrasil Virtual that it has all the rights, powers and authority necessary to grant the aforementioned license.
Termination of user relationship with TransBrasil Virtual
The Terms will continue to apply until terminated by you or by TransBrasil Virtual, conforme estabelecido a seguir.as set forth below.
If you wish to terminate your contract with TransBrasil Virtual, you may do so:
- notifying TransBrasil Virtual at any time; and
- closing the accounts for all the Services that you use, in case this option is made available byTransBrasil Virtual. The notification must be sent by the user, in writing, through the contact form on the TransBrasil Virtualwebsite.
TransBrasil Virtual may, at any time, terminate the contract with you if:
- you have violated any provision of the Terms (or you have acted in a manner that clearly indicates that you do not intend or cannot comply with the provisions of the Terms) and the Rules of the VA, as set forth in the Violations Chapter; or
- such is required by TransBrasil Virtual by law (for example, when providing the Services to you is or becomes illegal); or
- TransBrasil Virtual is in the process of transition to a situation where it no longer provides the Services to the users of the country in which the user resides or from which they use the Services; or
- the provision of the Services to you by TransBrasil Virtual is no longer, in TransBrasil Virtual’s opinion, viable.
Nothing in this Section shall affect the rights of TransBrasil Virtual relating to the provision of Services under the “User Use of Services” Section of the Terms.
When these Terms are terminated, all rights, obligations and liabilities that the user orTransBrasil Virtual have benefited from, have been subject to (or have accrued as long as the Terms have been in force) or that they must expressly remain in force indefinitely shall not be affected by this resolution, and the provisions of paragraph 6, Section “General legal terms” shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT THE LIABILITY OR WARRANTY OF TransBrasil Virtual FOR LOSSES WHICH CANNOT BE LEGALLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL AND CONSEQUENTIAL DAMAGES. THEREFORE, ONLY THE LIMITATIONS WHICH ARE PERMITTED BY LAW IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “ACCORDING TO AVAILABILITY”.
SPECIFICALLY, Virtual TransBrasil DOES NOT GUARANTEE THAT:
- THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE;
- ANY INFORMATION OBTAINED BY YOU THROUGH YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE FUNCTIONING OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS OBTAINED AT YOUR OWN RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SYSTEM OF YOUR COMPUTER OR ANY OTHER DEVICE OR LOSS OF DATA THAT ACKNOWLEDGES RESULT OF DOWNLOADING ANY MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER OF THE TRADEMARK, THE SERVICES OR THROUGH THESE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
A TransBrasil Virtual STILL EXPRESSLY DISCLAIMS ALL RESPONSIBILITIES, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO THE GENERAL CLAUSE MENTIONED IN PARAGRAPH 1 OF THE “EXCLUSION OF WARRANTIES” SECTION, THE USER UNDERSTANDS AND AGREES THAT TransBrasil Virtual WILL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCURRED BY THE USER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT LIMITED TO, ANY LOSS OF PROFITS (INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS RELATED TO GOOD FAITH OR COMMERCIAL REPUTATION, ANY LOSS OF DATA THAT THE USER MAY SUFFER, COSTS OF ACQUISITION OF GOODS OR SERVICES OR ANOTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE THAT THE USER MAY INCUR, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE ARISING OUT OF:
- ANY EXPECTATION OF THE USER AS TO THE INTEGRITY, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR RESULTING FROM ANY RELATIONSHIP OR TRANSACTION CARRIED OUT WITH ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE SERVICES;
- ANY CHANGES TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION ON THE SUPPLY OF THE SERVICES (OR ANY FEATURES IN THE OWN SERVICES);
- THE DISPOSAL, CORRUPTION OR INABILITY TO STORE ANY CONTENT OR OTHER DATA OF COMMUNICATIONS HELD OR TRANSMITTED BY OR THROUGH THE USE OF THE SERVICES BY THE USER;
- THE FAILURE TO PROVIDE THE TransBrasil Virtual, ON THE USER’S PARTY, OF CORRECT INFORMATION CONCERNING THE ACCOUNT;
- THE NON MAINTENANCE, ON THE PART OF THE USER, OF SECURITY AND CONFIDENTIALITY OF THE DETAILS OF YOUR ACCOUNT AND PASSWORD.
THE LIMITATIONS OF LIABILITY OF TransBrasil Virtual BEFORE THE USER, MENTIONED IN PARAGRAPH 1 OF THIS SECTION, WILL BE APPLICABLE REGARDLESS OF WHETHER OR NOT TransBrasil Virtual HAS BEEN ADVISED OF, OR EVEN THAT TransBrasil Virtual SHOULD KNOW THE POSSIBILITY OF SUCH LOSSES.
Copyright and trademark policies
It is the policy of TransBrasil Virtual to respond to notices of alleged copyright infringements in accordance with applicable Brazilian intellectual property law, as well as terminate the accounts of repeat infringers.
Announcements and donations
Some of the Services are maintained by revenue from advertising (ads and promotions) and donations. Such advertisements may be contextual to the content of the information stored in the Services, searches made through the Services or other information.
The manner, mode and extent of the advertising of TransBrasil Virtual in the Services are subject to change without specific notice to the user.
Considering TransBrasil Virtual concession of access to and use of the Services, the user expresses his agreement on the possibility of TransBrasil Virtual placing such ads and donation buttons on the Services.
The Services may include hiperlinks to other sites, content, or web resources.TransBrasil Virtual may have no control over any sites or web resources provided by companies or individuals other than TransBrasil Virtual.
You acknowledge and agree that TransBrasil Virtual is not responsible for the availability of any such external sites or resources and does not endorse any advertisement, product or other material available or originated from such websites and resources.
You acknowledge and agree that TransBrasil Virtual is not liable for any loss or damage that you may incur as a result of the availability of such external sites or resources, or as a result of any expectation expected by you in connection with the integrity, accuracy or existence of any ads, products or other materials present or available from such sites or web resources.
Changes to Terms
TransBrasil Virtual may change from time to time the Universal Terms or Additional Terms. When such changes are made, TransBrasil Virtualwill make a new copy of the Universal Terms and any new Additional Terms will be made available to you in or through the affected Services.
You understand and agree that if you use the Services after the date of change of the Universal Terms or Additional Terms, TransBrasil Virtual will treat such use as an acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Occasionally, during the use of the Services, the user may (as a result of or through the use of the Services) use a service, download a software component or purchase goods provided by another person or company. The use of such services, software or goods by the user may be subject to separate terms between the user and the company or person in question. In this case, the Terms do not affect the legal relationship of the user with such companies or individuals.
The Terms constitute the entire agreement between you andTransBrasil Virtual and govern your use of the Services (excluding any services that may be provided by TransBrasil Virtual in accordance with a separate written agreement), together with the rules observed in the Rules of the VA , substituting in full any previous contracts established between the user and TransBrasil Virtual TransBrasil Virtual in relation to the Services.
You agree that TransBrasil Virtual may send you notices, including those regarding changes made to the Terms, by email, letter or publications in the Services.
You agree that if TransBrasil Virtual does not exercise or use any legal right or recognized right contained in the Terms (or to which TransBrasil Virtual is entitled under any applicable law), this will not be considered as a formal waiver of the rights of the TransBrasil Virtual, and such rights remain available for all due effects.
If any court having jurisdiction to decide on this issue determines that any provision of these Terms is invalid, such provision shall be removed from the Terms without affecting the validity of the remaining Terms. The remaining terms of the Terms will continue to be valid and enforceable.
The Terms, and the relationship between you and TransBrasil Virtual under the Terms, shall be governed by the laws of Brazil, regardless of the conflict of law clauses. You and TransBrasil Virtual agree to submit to the exclusive jurisdiction of the courts located in the region of Joinville / SC, the resolution of any legal issues arising from the Terms. Notwithstanding the foregoing, you agree that TransBrasil Virtual may also file injunctive (or equivalent type of urgent legal compensation) in any jurisdiction.