Terms of Use
Hello truck drivers and busologists!
Due to the large number of users, Rotas Brasil is a non-custom computer game mod for the game Euro Truck Simulator 2 and developed by Sinapse Games and provides products related to the Game.
Please note that when using the Site and/or the Game, you may be required to provide Rotas Brasil with certain personal information, the collection, retention and use of which will be subject to Rotas Brasil’s Privacy Policy, located at the bottom of the Site’s home page. Your use of the Site and/or the Game signifies that you have read, understood and agreed to the terms of the Privacy Policy.
I. LIMITED USE LICENSE
The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in these Terms. Your rights to use the Game software (the "Software") are defined in and subject to the terms and conditions of these Terms and the Game End User License Agreement and are provided on a non-commercial, individual basis for entertainment purposes only. Except as expressly permitted by Rotas Brasil, you are not permitted to sell, copy, trade, transfer, publish, assign or distribute anything copied or derived from the Properties.
II. REQUESTS
By using the Site, you acknowledge that you have read, understood and agree to the terms of these Terms. In order to participate in the Game, you must also meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are solely responsible for the cost of all internet connection fees, together with all costs of equipment, maintenance or repairs necessary to enable you to access the Game.
III. ACCOUNT INFORMATION
A. General. While some elements of the Site are generally accessible to the public, certain aspects of the Site, as well as participation in the Game, require you to create an Account by providing Rotas Brasil with certain personal information, specifically, your email address and date of birth. You agree and undertake to provide accurate and complete information to Rotas Brasil, and to promptly update such information upon any changes to such information. All information you provide to Rotas Brasil will be governed by the terms and conditions of this Agreement and the Privacy Policy. The information will be used by Rotas Brasil for various internal purposes, including, without limitation, to maintain the Account, to ensure that your Account is unique, to handle security issues, debugging and technical support issues, and for possible payment-related issues. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, Rotas Brasil reserves the right to terminate this Agreement, terminate your Account and/or your use of the Game. Please note that when using certain areas of the Site (for example, when purchasing products) or the Game, you may be asked to provide additional information in order to complete your purchase, such as your name, full address, credit card information or other payment information as appropriate for the payment method you have selected.
B. Eligibility. Only "natural persons", as opposed to any type of legal entity (e.g. corporations, limited liability companies and/or partnerships), shall have the privilege and authorization to create an Account. By agreeing to these Terms and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction in which you reside (e.g., be at least 18 years old). You agree to the terms of these Terms on behalf of yourself and, at your option, any children and minors of whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You agree to be solely responsible for all activities conducted through your Account and for ensuring that you and/or your children and minors of whom you are the parent or legal guardian know, understand and comply with the terms of these Terms and any and all other rules, policies, notices or agreements of Rotas Brasil.
THE SITE AND THE GAME ARE NOT INTENDED FOR CHILDREN UNDER 12 YEARS OF AGE, NOR DOES Sinapse Games KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 12 YEARS OF AGE. IF YOU ARE UNDER 12 YEARS OF AGE, PLEASE DO NOT SUBMIT ANY PERSONAL INFORMATION TO Sinapse Games.
C. Login Credentials. When creating an Account, you will be required to select a unique username and password (collectively, "Login Credentials"), which you will use each time you access the Game. You may not share your Account with anyone other than as expressly designated or authorized herein, and you are solely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, if applicable) that are conducted through your Account. Please notify Rotas Brasil immediately if you become aware of any breach of security, including loss, theft or unauthorized disclosure of your Login Credentials.
D. Sale of Accounts. The Account provided to you is personal to you and Rotas Brasil does not recognize, and expressly prohibits, the transfer of user Accounts. You may not buy, sell, give away or trade any Account, or make any offer of such, and any attempt to do so will be null and void. Any distribution or disclosure by you of your Account and/or your Login Credentials (except as expressly authorized herein or otherwise explicitly approved by Rotas Brasil) may result in suspension or termination of your Account.
E. Suspension/Termination.
(1) By Rotas Brasil: Sinapse Games RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON, REGARDLESS OF ANY NOTICE TO YOU AND WITHOUT ANY LIABILITY OF ANY KIND TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. In addition, Rotas Brasil may cease offering and/or supporting the Game at any time. For clarity but without limitation, most suspensions, terminations and deletions of Accounts are the result of violation of these Terms and the Legal Notice. Accounts terminated by Rotas Brasil may not be reactivated under any circumstances.
(2) By you. You may cancel your Account at any time, for any reason or no reason at all, by contacting Rotas Brasil through the support page.
IV. OWNERSHIP
A. Intellectual Property. All title, ownership and rights in and to the Properties, and all content contained therein (including, without limitation, User Accounts, computer code, titles, objects, artifacts, characters, character names, locations, place names, stories, plots, dialogue, catchphrases, artistic works, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audiovisual effects, character representations and methods of operation, trademarks, service marks, trade names, domain names, slogans, patents, inventions, utility models, know-how and any other intellectual property) are owned by Rotas Brasil or its licensors. The Properties and all content contained therein are protected by international intellectual property laws (as applicable). Rotas Brasil and its licensors reserve all rights in and to the Properties, including, without limitation, the exclusive right to create derivative works thereof. You agree that you will not create any work based on the Properties except as expressly permitted by Rotas Brasil. In addition, except as set forth in this Section IV.A, Rotas Brasil does not authorize the use of any of its trademarks, service marks, trade names, logos, domain names, slogans and/or trade dress (collectively, the "Rotas Brasil Marks") under any circumstances without a written license agreement. Any reproduction, redistribution or modification of the Properties, or use of the Properties not in accordance with this Agreement, is expressly prohibited by this Agreement and by law, and may result in severe civil and criminal penalties.
If you have a valid and active Account, you may participate in our offers provided to you by Rotas Brasil as part of a promotion, or through other means, such as by completing certain in-Game missions or achievements or through contests or sweepstakes sponsored by Rotas Brasil. YOU AGREE THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR PAYING ANY APPLICABLE FEES RELATED TO THE PURCHASE. As Rotas Brasil deems necessary, in its sole and exclusive discretion, it may limit the total quantity that may be purchased at any time. moment.
Your legal rights of termination remain unaffected. Some Virtual Items you purchase may have expiration dates, while others may not. Each Virtual Item you purchase will be included in and will remain in your Account until the expiration date of the Virtual Item, or the date your Account is closed, or the date these Terms are terminated, or the date Rotas Brasil ceases to offer the Game or support for the Game, whichever occurs first.
The sale or transfer of Virtual Items between users may only be carried out through procedures approved and provided by Rotas Brasil, if applicable, Rotas Brasil may close any Account that acts contrary to this prohibition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP RIGHTS OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT, EXCEPT FOR YOUR PERSONAL INFORMATION, ARE, AND SHALL FOREVER BE, THE OWNERSHIP OF Sinapse Games AND SHALL INURE TO THE SOLE BENEFIT OF Sinapse Games. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO CLAIM, RIGHT, TITLE, POSSESSION OR OTHER PROPERTY INTEREST IN THE GAME ASSETS, VIRTUAL ITEMS OR RIOT POINTS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR AMOUNTS PAID IN EXCHANGE FOR THE RIOT POINTS OR VIRTUAL ITEMS. IN ADDITION, Sinapse Games SHALL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY WAY, FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, "HACKING", OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, VIRTUAL ITEMS OR RIOT POINTS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF THE GAME ASSETS, VIRTUAL ITEMS OR RIOT POINTS UPON TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
C. Submission of Unsolicited Ideas. Rotas Brasil values your feedback regarding its products, but please do not submit any creative ideas, suggestions or materials. Neither Rotas Brasil nor any of its employees and/or contractors will accept or consider unsolicited ideas, original creative art or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product improvements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not submit your Unsolicited Ideas to Rotas Brasil or its employees and/or contractors. This policy is intended to avoid potential misunderstandings or disputes in the event that some Rotas Brasil products appear similar to the Unsolicited Ideas that are submitted. If you submit your Unsolicited Ideas to Rotas Brasil or any of its employees and/or contractors even in spite of this policy, you hereby acknowledge and agree that, from the moment of transmitting or submitting the Unsolicited Ideas, you grant Rotas Brasil and its representatives a perpetual, worldwide, irrevocable, sublicensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform or display, digitally perform, make, sell, offer for sale, and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights, and all other intellectual property and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose, commercial or otherwise, including, without limitation, to deliver the Unsolicited Ideas to third parties, without any compensation or remuneration to you. To the extent necessary, you agree and undertake to execute and deliver any and all documents and to take any and all actions necessary or desirable to ensure that the rights to use your Unsolicited Ideas granted to Rotas Brasil specified above are valid, effective and enforceable. To the maximum extent permitted by the laws of your jurisdiction, you also waive any claim that any use made by Rotas Brasil and/or its licensors of your Unsolicited Ideas violates any of your rights, including, but not limited to, moral rights, privacy rights, publicity rights, proprietary or other rights, and/or rights to credit for the material or ideas contained therein. You hereby authorize Rotas Brasil and its designees, assignees and licensees to (1) determine, in Rotas Brasil's sole discretion, whether or not to use your real name when using your Unsolicited Ideas, (2) disclose the Unsolicited Ideas to the public, (3) use, in Rotas Brasil's sole discretion, the Unsolicited Ideas with or without indicating your name as the author, and (4) amend, alter, abridge or otherwise revise and modify the Unsolicited Ideas in Rotas Brasil's and its designees, assignees and licensees' sole discretion.
V. CODE OF CONDUCT
While using the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the “Code of Conduct”). The Code of Conduct is not exhaustive, and Rotas Brasil reserves the right to modify this Code of Conduct at any time, as well as to take any appropriate disciplinary action, including termination and deletion of the Account, to protect the integrity and spirit of the Properties, regardless of whether or not specific behavior is listed here as prohibited. In addition to this Code of Conduct, please refer to for additional guidance on exemplary behavior within the Game. The following are examples of behavior that warrants disciplinary action:
A. Impersonate any person, company or entity, including a Rotas Brasil employee, or communicate in any manner that makes it appear that the communication originates from Rotas Brasil;
B. Post personally identifiable information about yourself, or any other user, on the Site or in the Game;
C. Harass, stalk, or threaten any other user in the Game;
D. Remove, alter or obscure any copyright, trademark, patent or other proprietary rights notices of Rotas Brasil contained in the Site, Game and/or Software. You are also not authorized to transmit content that violates or infringes the rights of third parties, including, without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmit or communicate any content that, in the sole and exclusive discretion of Rotas Brasil, is considered offensive, including, but not limited to, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable language;
F. Transmit or facilitate the transmission of any content that contains a virus, corrupted data, Trojan horse, keystroke logger bot, keylogger, worm, time bomb, logic bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or undermine, scrape or expropriate any system, data or personal information;
G. Spamming chats, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated posts of a similar nature;
H. Participate in any action that, in the sole and exclusive judgment of Rotas Brasil, "exploits" an undocumented aspect of the Game to secure an unfair or disloyal advantage over other users;
I. Participate in any action that, in the sole and exclusive judgment of Rotas Brasil, deceives any other user of the Game, including, but not limited to, the use of scams or fraudulent schemes or social engineering;
J. Use any unauthorized third party programs, including, but not limited to, "mods," "hacks," "cheats," "scripts," "bots," "trainers" and automation programs that interact with the Software in any way, for any purpose, including, but not limited to, any unauthorized third party programs that intercept, emulate or redirect any communication between the Software and Rotas Brasil and any unauthorized third party programs that collect information about the Game by reading memory areas used by the Software to store information;
J. Access or attempt to access areas of the Game or Game servers that are not made available to the public;
L. Select a Driver name that falsely indicates an association with Rotas Brasil, contains personally identifiable information, or infringes on the proprietary or proprietary rights of any third party, or is otherwise offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternate spelling to circumvent this restriction on Driver name selections. Rotas Brasil may modify any name that, in Rotas Brasil’s sole and exclusive judgment, violates this condition without notice to you, and may take additional disciplinary action, including termination of the Account, in the event of repeated violations; or
VI. USER CONTENT
A. Property. "Content" means any communications, images, sounds, and all other material and information that you submit or transmit through the Site or the Game, or that other users submit or transmit, including, but not limited to, any active social media postings.
You hereby acknowledge and agree that you are fully responsible for any and all Content, including its authorship. However, you grant Rotas Brasil, from the moment you upload or transmit the Content, on a non-exclusive basis, all copyrights now known or hereafter existing and all other intellectual property rights in all Content, of any kind and nature, in perpetuity (or for the duration of protection conferred by applicable law), throughout the universe, granting, from now on, Rotas Brasil a non-exclusive license of future rights and all intellectual property rights belonging to you. In the event that any portion of the Content is not subject to licensing, you hereby grant Rotas Brasil and its licensors, including, without limitation, their respective successors and assigns, the perpetual, irrevocable, sublicensable, transferable, worldwide, and royalty-free right to reproduce, correct, adapt, modify, translate, reformat, transmit or provide access by electronic means, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such Content, as well as all modified and derivative works thereof, without any compensation to you. As required, you agree and undertake to execute and deliver any and all documents and to take any and all actions necessary or desirable to ensure that the rights to use your Content granted to Rotas Brasil specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content shall be subject to any obligation of confidentiality, attribution or otherwise by Rotas Brasil and Rotas Brasil shall not be liable for any use or disclosure of any Content. Furthermore, you acknowledge and agree that you shall not submit or transmit through the Site or the Game any Content that is subject to any third party rights. You hereby authorize Rotas Brasil and its assignees, transferees and licensees to (1) determine, in their sole discretion, whether or not to use your real name when using your Content, (2) publicly disclose the Content, (3) use, in their sole discretion, the Content with or without indicating your name as the author, and (4) amend, alter, abridge or otherwise revise and modify the Content in the sole discretion of Rotas Brasil and its assignees, transferees and licensees.
B. Consent to Monitoring. Rotas Brasil will not, and will not be able to, screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, postings to Forums and/or Chat) while you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with respect to the submission of any Content, and you further acknowledge and agree that your Chat may be used as part of the Court proceeding, as more specifically set forth in Section VI.C below. Rotas Brasil assumes no responsibility or liability with respect to Content generated by users of the Site and/or the Game. Rotas Brasil has the right, but not the obligation, in its sole discretion, to edit or remove any Content. Furthermore, Rotas Brasil also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation, (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) in order to enforce the terms of this Agreement or any other agreement; (iii) to protect the rights and preserve any legal remedies of Rotas Brasil; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior; or (vi) as part of the proceedings of the Court. PLEASE BE CAREFUL NOT TO PROVIDE ANY PERSONALLY IDENTIFYING INFORMATION IN THE CHAT OR FORUMS AND RESPECT THE CODE OF CONDUCT. PLEASE BE AWARE THAT YOU WILL NOT HAVE AN EXPECTATION OF PRIVACY OVER THE CONTENT YOU PROVIDE IN CHAT OR ON THE FORUMS, AND THAT MEMBERS OF Sinapse Games AND THE COMMUNITY, OUTSIDE OF THOSE YOU PLAY DIRECTLY WITH OR AGAINST IN THE GAME, MAY HAVE ACCESS TO INFORMATION IN CHAT OR ON THE FORUMS AT ANY TIME.
VII. UPDATES AND MODIFICATIONS
A. Agreement. Rotas Brasil reserves the right, in its sole discretion, to review, update, change, modify, add, supplement or delete certain terms of these Terms as the Properties evolve; provided that substantial changes made to these Terms will not be applied retroactively. Such changes will be effective upon your acceptance. If any future changes to these Terms are unacceptable to you or cause you to cease to be in agreement with or in compliance with these Terms, Rotas Brasil reserves the right to terminate these Terms in accordance with the right of termination under clause XVI. You can review the most current version of these Terms by clicking on the "Terms of Use" link located at the bottom of the Site. You are responsible for periodically checking these Terms for changes. Please note that Rotas Brasil may also revise other policies, including the EULA and the Privacy Policy, at any time and the new versions of them will be available on the Site.
B. The Properties. In an effort to improve the Properties, you agree that Rotas Brasil may change, modify, update, suspend, "downgrade" or restrict your access to any features or portions of the Properties, and may require you to download and install updates to the Software, at any time without prior notice or liability to you. You also understand and agree that any changes or updates to the Properties may change the system specifications required to play the Game, and in such event, you, and not Rotas Brasil, will be responsible for acquiring any additional software and/or hardware necessary to access and play the Game.
VIII. LINKS
The Site may contain links to websites operated by other parties. Rotas Brasil provides these links to you as a convenience. These Links may also be posted as User-Contributed Content. YOUR USE OF THESE LINKS AND EXTERNAL WEBSITES IS AT YOUR OWN RISK. The sites linked to these links are not under the control of Rotas Brasil and Rotas Brasil is not responsible for the content available on such sites. Such links do not imply endorsement by Rotas Brasil of information or material on any other site, and Rotas Brasil assumes no responsibility with respect to your access to and use of such websites.
By choosing to provide a link on the Site or within the Game (for example, in the Forums or via Chat) to an external website, except as otherwise provided in a written agreement between you and Rotas Brasil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be likely to cause harm to Rotas Brasil or dilute the attractive value associated with the names and trademarks of Rotas Brasil and/or its licensors; (ii) the appearance, position and other attributes of the link may not create the false appearance that the company or entity is sponsored by, affiliated with or associated with Rotas Brasil; (iii) when selected by a user, the link must display the external website in full screen and not in a "frame" on the linking Site; and (iv) Rotas Brasil reserves the right to revoke its consent to the link at any time and in its sole discretion.
IX. FEES
Some aspects of the Game licensed to you may require you to pay a fee, in which case you agree to provide accurate and complete payment information to the third party payment processor used by Rotas Brasil. You also agree to pay all applicable fees and taxes incurred by you or anyone using an Account registered to you. Rotas Brasil may revise the prices for the Game or any item associated with it at any time to the extent permitted by applicable law. All fees and charges must be paid in accordance with the payment terms in effect at the time the fee or charge becomes due. Rotas Brasil may, from time to time, modify, amend or supplement its fees and billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute over payment of amounts to Rotas Brasil, your Account may be closed without prior notice or warning at Rotas Brasil's sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER COSTS FOR PAID LICENSES AND PRODUCTS (INCLUDING, WITHOUT LIMITATION, LICENSE AND PRODUCT LICENSE) WILL BE PAID IN ADVANCE AND WILL GENERALLY BE NON-REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
X. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a rights holder, in particular a copyright holder or agent thereof, and you believe that content posted on the Site by a Rotas Brasil user infringes your rights, in particular copyright, or you believe that content posted on the Site by a Rotas Brasil user is unlawful for any other reason, please send a notification to Rotas Brasil's Copyright and Content Compliance Agent with the following information:
A. A physical or electronic signature of the person authorized to act on behalf of the copyright owner or other right holder;
B. A description of the copyrighted work or its legal status that you claim has been infringed;
C. The address of the location on the Rotas Brasil Website that contains the material that you claim is infringing;
D. Your address, telephone number and email address;
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or rights holder, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner, copyright holder or authorized to act on the copyright owner's behalf.
XI. DISCLAIMER OF WARRANTY
THE PROPERTIES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Sinapse Games DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT MAY APPLY TO THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE OR POSSESSION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED IN THE PROPERTIES. Sinapse Games DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED THROUGH THE PROPERTIES.
FOR THE AVOIDANCE OF DOUBT, Sinapse Games DOES NOT DISCLAIM WARRANTIES RELATING TO INTENTIONAL BREACH OF ITS DUTIES. THE DISCLAIMER OF WARRANTY DOES NOT AFFECT THE LIMITATION OF LIABILITY AS STATED BELOW.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, this disclaimer, in whole or in part, may not apply to you.
XII. COMPENSATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Sinapse Games HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEY FEES) THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT OR THAT ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES OR ANY BREACH BY YOU OF ANY OF THE PROVISIONS OF THESE TERMS, THE EULA OR THE PRIVACY POLICY. Rotas Brasil reserves the right, at its own expense and at its sole and exclusive discretion, to assume, on an exclusive basis, the defense and control of any matter subject to indemnification by you, and in this case you will cooperate with Rotas Brasil in the evaluation and determination of the available defenses.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL Sinapse Games BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, FAILURE OR MALFUNCTION). COMPUTER OPERATION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) RESULTING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Sinapse Games IS AWARE OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Sinapse Games BE LIABLE FOR ANY DAMAGES IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO Sinapse Games FOR TRANSACTIONS RELATED TO THE GAME, IF APPLICABLE, DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Notwithstanding the foregoing limitations of liability, NOTHING IN THESE TERMS SHALL LIMIT THE LIABILITY OF Sinapse Games (i) for damages resulting from injury to life, body or health due to negligent breach of its duties, or due to intentional or negligent breach of its duties by a legal representative or person designated to perform an obligation of Rotas Brasil, or (ii) for other damages resulting from a grossly negligent breach by Rotas Brasil of its duties, or from an intentional or negligent breach of its duties by a legal representative or person designated to perform an obligation of Rotas Brasil; (iii) for willful misconduct; (iv) for damages resulting from negligent breach of an obligation that is essential to the performance of this Term by Rotas Brasil to the extent that it is typical and foreseeable; (v) of any warranty given by Rotas Brasil to you; and (vi) for any liability under product liability legislation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Rotas Brasil's liability shall be limited to the maximum extent permitted by applicable law.
XIV. FAIR COMPENSATIONS
You acknowledge and agree that Rotas Brasil would suffer irreparable harm if this Agreement were not enforceable and enforceable or subject to specific performance. Accordingly, in addition to monetary damages, among other remedies that may be obtained by law, you agree that Rotas Brasil shall be entitled to specific performance or any other injunctive relief, without bond or other security or proof of damages, as compensation for any breach or threatened breach of this Agreement. Furthermore, in the event of any legal or administrative action or proceeding brought by either party in connection with this Agreement and in accordance with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party as a result of the action or proceeding.
XV. LEGAL DISPUTES
A. Negotiations. Disputes can be costly and time-consuming for both parties. In an effort to expedite resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Rotas Brasil agree to attempt to informally negotiate any Claim for at least thirty (30) days (except for those Claims expressly excluded in Section XV.B below). Rotas Brasil will send notice to the address it has on file if you have provided Rotas Brasil with additional contact information (for example, by participating in a promotion or survey, or by contacting a customer service representative). Otherwise, Rotas Brasil will send its notice to the email address associated with your Account. You must send your notice to Rotas Brasil. Please note that this informal resolution procedure is voluntary for you and is intended to resolve Claims more quickly and cost-effectively for both you and Rotas Brasil. This procedure also does not suspend any legal limitation period applicable to the establishment of a Claim, nor does it limit any rights that you or Rotas Brasil have to seek legal action.
B. Exceptions to Negotiations. To the extent permitted by applicable law, you and Rotas Brasil agree that the following Claims are not subject to the above provisions regarding negotiations: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Rotas Brasil's intellectual property rights; (ii) any Claim related to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief.
C. Governing Law. Except as otherwise provided in these Terms, these Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to any conflicts of law rules. The parties hereby elect the central court of the city of Valinhos, state of São Paulo, to the exclusion of all others, regardless of their jurisdiction, to resolve any disputes, disputes or claims arising out of or in relation to these Terms.
XVI. TERMINATION
This Agreement (and all subsequent modifications, if any) are effective until terminated. Either you or Rotas Brasil may terminate this Agreement at any time, for any reason. Termination by Rotas Brasil will be effective upon notice to you, upon termination or deletion of your Account, or upon decision to no longer offer the Game or support the Game. You may terminate this Agreement at any time by simply ceasing your use of the Site or the Game. If, however, you wish to terminate your Account, you must notify Rotas Brasil via support. Upon termination of this Agreement, your right to use the Properties will cease immediately.
XVII. GENERAL PROVISIONS
A. Assignment. Rotas Brasil may assign this Agreement, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign this Agreement without the prior written consent of Rotas Brasil, and any unauthorized assignment by you will be null and void.
B. Customer Contact. If you have any questions regarding these terms and conditions, or if you are interested in contacting Rotas Brasil for any other reason, please contact Rotas Brasil support through the support page https://ets2rotasbrasil.com.br or via WhatsApp 19992647954.
C. Entire Agreement. This Agreement represents the entire Agreement between you and Rotas Brasil with respect to the Site, Game and the subject matter hereof, and supersedes any prior or contemporaneous Agreement between you and Rotas Brasil; provided, however, that this Agreement shall coexist with, and not replace, the EULA or the Privacy Policy.
D. Force Majeure. Rotas Brasil shall not be liable for any delay or failure to perform resulting from causes beyond Rotas Brasil's control, including, without limitation, any failure to perform the terms of this instrument due to unforeseen circumstances or causes beyond Rotas Brasil's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transportation, fuel, energy, labor or materials.
E. Location. The Site and the Game are operated by Rotas Brasil. Those who choose to access the Site and/or the Game from locations outside of Brazil do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls as set forth in the EULA.
F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rotas Brasil as a result of these Terms or your use of the Site or the Game.
G. No Waiver. Rotas Brasil's failure to enforce or apply any provision of these Terms shall not be construed in any way as a present or future waiver of such provision, nor shall it in any way affect the right of either party to enforce or apply any provision at a later date. The express waiver by Rotas Brasil of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices. Except as expressly provided herein, all notices given by you or required under this Agreement must be in writing and addressed to: Rotas Brasil, Ltd., Rua Cândido Ferreira, 37 - Valinhos/SP.
I. Reformation and Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, then such provision will be reformed to the extent necessary to make it enforceable and to achieve the intent of the parties, to the maximum extent permissible under applicable law, and the remainder of these Terms shall continue in full force and effect. If, however, it is determined that such provision cannot be so reformed, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions.
J. Section Titles. The section titles used herein are for convenience only and shall not affect the interpretation of these Terms or have any other legal effect.
K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV and XVII shall survive any termination of this Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT BY USING ANY OF THE PROPERTIES YOU ARE CONFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS.