Terms of Use
Hello truck drivers and bus enthusiasts!
Due to the large number of users, CLUBE ROTAS is a non-customized computer game mod for Euro Truck Simulator 2, developed by Sinapse Games, and provides related products for the game.
Please note that when using the Site and/or the Game, you may be required to provide CLUBE ROTAS with certain personal information, the collection, retention, and use of which will be subject to CLUBE ROTAS' Privacy Policy, located at the bottom of the Site's homepage. 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 this Agreement. Your rights to use the Game software (the "Software") are defined and subject to the terms and conditions of this Agreement and the Game End User License Agreement and are granted individually, on a non-commercial basis, for entertainment purposes only. Except as expressly permitted by CLUBE ROTAS, you are not permitted to sell, copy, trade, transfer, publish, assign or distribute anything that has been copied or derived from the Properties.
II. REQUIREMENTS
By using the Site, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. 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 entirely responsible for the costs of all internet connection fees, along with all costs of equipment, maintenance, or repairs necessary to allow you to access the Game.
III. ACCOUNT INFORMATION
A. General. While some elements of the Site may generally be accessed by the public, certain aspects of the Site, as well as participation in the Game, require you to create an Account by providing CLUBE ROTAS with certain personal information, specifically, your email address and date of birth. You agree and undertake to provide accurate and complete information to CLUBE ROTAS, and to update this information promptly upon any changes to the information. All information you provide to CLUBE ROTAS will be governed by the terms and conditions of this Agreement and the Privacy Policy. The information will be used by CLUBE ROTAS for various internal purposes, including, without limitation, to maintain the Account, to ensure that your Account is unique, to handle security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that if any information provided by you is false, inaccurate, outdated or incomplete, CLUBE ROTAS 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 will be asked to provide additional information in order to complete the purchase, such as your name, full address, credit card information, or other payment information as appropriate for the payment method selected.
B. Eligibility. Only "natural persons," as opposed to any type of legal entity (e.g., companies, limited liability companies, and/or partnerships), will have the privilege and authorization to create an Account. By agreeing to this Term and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside (e.g., being at least 18 years of age or older). You agree to the terms of this Term on your own behalf and, at your option, on behalf of any children and minors for whom you are a parent or legal guardian and whom you have authorized to play the Game using your Account. You agree to be fully responsible for all activities conducted through your Account and to ensure that you and/or your child and minors for whom you are a parent or legal guardian are aware of, understand, and comply with the terms of this Term and any and all other rules, policies, notices, or agreements of CLUBE ROTAS.
The website and the game are not intended for children under 12 years of age, and Sinapse Games does not knowingly collect information from children under 12. If you are under 12, please do not send any personal information to Sinapse Games.
C. Login Credentials. When creating an Account, you will need to select a unique username and password (collectively, "Login Credentials"), which you will use each time you access the Game. You must not share your Account with anyone not expressly defined or authorized by this instrument, and you will be entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, if applicable) conducted through your Account. Please notify CLUBE ROTAS immediately if you become aware of any security breach, including loss, theft, or unauthorized disclosure of your Login Credentials.
D. Sale of Accounts. The Account provided to you is personal and CLUBE ROTAS does not recognize, and expressly prohibits, the transfer of user Accounts. You must not buy, sell, give away or exchange any Account, or make any such offer, 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 in this document or when explicitly approved by CLUBE ROTAS) may result in the suspension or termination of your Account.
E. Suspension/Termination.
(1) By CLUBE ROTAS: Sinapse Games RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON, REGARDLESS OF ANY NOTIFICATION TO YOU AND WITHOUT ANY LIABILITY OF ANY KIND TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. In addition, CLUBE ROTAS may cease offering and/or supporting the Game at any time. For the sake of clarity, but without limitation, most account suspensions, terminations and deletions result from violations of this Agreement and the Legal Notice. Accounts terminated by CLUBE ROTAS cannot be reactivated under any circumstances.
(2) By you. You can cancel your Account at any time, for any reason or no reason at all, by contacting CLUBE ROTAS through the support page.
IV. PROPERTY
A. Intellectual Property. All ownership, title, and rights relating to the Properties, and all content included therein (including, without limitation, User Accounts, computer code, titles, objects, artifacts, characters, character names, locations, place names, stories, plots, dialogue, catchphrases, artwork, graphics, structural designs or landscapes, animations, sounds, musical compositions and recordings, audiovisual effects, character representation 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 CLUBE ROTAS or its licensors. The Properties and all content contained therein are protected by international intellectual property laws (as applicable). CLUBE ROTAS and its licensors reserve all rights relating to the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work based on the Properties except as expressly permitted by CLUBE ROTAS. Furthermore, except as provided in this Section IV.A, CLUBE ROTAS does not authorize the use of any of its trademarks, service marks, trade names, logos, domain names, slogans and/or trade dress (collectively, the "CLUBE ROTAS Marks") under any circumstances without a written license agreement. Any reproduction, redistribution or modification of the Properties, or use of the Properties that does not comply 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 CLUBE ROTAS as part of a promotion, or through other means, such as completing certain missions or achievements in the Game or through contests or sweepstakes sponsored by CLUBE ROTAS. YOU AGREE THAT YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE FEES RELATED TO THE PURCHASE. As CLUBE ROTAS deems necessary, at its sole and exclusive discretion, it may limit the total quantity that may be purchased at any time. moment.
Your legal rights to terminate remain unaffected. Some Virtual Items you purchase may have expiration dates, while others do not. Each Virtual Item you purchase will be included in and remain in your Account until the Virtual Item's expiration date, or until your Account is closed, or until this Agreement is terminated, or until CLUBE ROTAS ceases to offer the Game or Game support, whichever occurs first.
The sale or transfer of Virtual Items between users may only be carried out through procedures approved and provided by CLUBE ROTAS. If applicable, CLUBE ROTAS may terminate any Account that acts contrary to this prohibition.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS DOCUMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPRIETARY INTEREST IN ORDER TO YOUR ACCOUNT, AND YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS RELATED TO THE ACCOUNT, EXCEPT FOR YOUR PERSONAL INFORMATION, ARE AND WILL ALWAYS BE OWNED BY AND WILL REVERT TO THE EXCLUSIVE BENEFIT OF Sinapse Games. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO CLAIM, RIGHT, TITLE, POSSESSION, OR OTHER PROPRIETARY INTEREST IN THE IN-GAME ASSETS, VIRTUAL ITEMS, OR RIOT POINTS THAT YOU ACQUIRE, REGARDLESS OF ANY COMPENSATION OFFERED OR VALUES PAID IN EXCHANGE FOR THE RIOT POINTS OR VIRTUAL ITEMS. Furthermore, to the maximum extent permitted by applicable law, Sinapse Games will not be liable in any way for the destruction, deletion, modification, impairment, "hacking," or any other damage or loss of any kind caused to game assets, virtual items, or Riot Points, including but not limited to the deletion of game assets, virtual items, or Riot Points after the termination or expiration of your account.
C. Submission of Unsolicited Ideas. CLUBE ROTAS values your feedback on its products, but please do not send or submit any creative ideas, suggestions, or materials. Neither CLUBE ROTAS 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 games or improved technologies, game or product improvements, marketing plans, or names for new games (collectively "Unsolicited Ideas"). Please do not send or submit your Unsolicited Ideas to CLUBE ROTAS or its employees and/or service providers. This policy aims to avoid potential misunderstandings or disputes should some CLUBE ROTAS products appear similar to the Unsolicited Ideas that are submitted. If you submit your Unsolicited Ideas to CLUBE ROTAS or any of its employees and/or contractors, even in spite of this policy, you hereby acknowledge and agree that, from the moment of transmission or submission of the Unsolicited Ideas, you grant CLUBE ROTAS and its representatives a perpetual, worldwide, irrevocable, sublicensable, transferable, assignable, non-exclusive, and royalty-free license and right to use, reproduce, distribute, adapt, modify, translate, create derivative works, 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 CLUBE ROTAS specified above are valid, effective, and enforceable. To the maximum extent permitted by the laws of your jurisdiction, you also waive any claim regarding any use made by CLUBE ROTAS and/or its licensors of your Unsolicited Ideas that violates any of your rights, including, but not limited to, moral rights, privacy rights, publicity rights, property or other rights, and/or rights of credit for the material or ideas contained therein. You hereby authorize CLUBE ROTAS and its designees, assignees and licensees to (1) determine, at CLUBE ROTAS’ 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, at CLUBE ROTAS’ sole discretion, the Unsolicited Ideas with or without attribution of your name as the author, and (4) amend, alter, abbreviate or otherwise revise and modify the Unsolicited Ideas at the sole discretion of CLUBE ROTAS and its designees, assignees and licensees.
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 governing the use of the Properties (the "Code of Conduct"). The Code of Conduct is not exhaustive, and CLUBE ROTAS reserves the right to modify this Code of Conduct at any time, as well as to take any appropriate disciplinary action, including account cancellation and deletion, to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. In addition to this Code of Conduct, please consult it for further guidance on exemplary behavior within the Game. The following are examples of behaviors that warrant disciplinary action:
A. Impersonating any person, company, or entity, including an employee of CLUBE ROTAS, or communicating in any way that makes it appear that the communication originates from CLUBE ROTAS;
B. Posting personally identifiable information about yourself, or any other user, on the Site or in the Game;
C. Harassing, stalking, or threatening any other user in the Game;
D. Remove, alter, or conceal any copyright, trademark, patent, or other proprietary rights notices of CLUBE ROTAS contained on 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. To transmit or communicate any content that, in the sole and exclusive discretion of CLUBE ROTAS, is considered offensive, including, but not limited to, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable language;
F. To transmit or facilitate the transmission of any content containing viruses, corrupted data, Trojan horses, keystroke logger bots, keyloggers, worms, time bombs, logic bombs, cancelbots, or other computer programming routines designed to damage, interfere with, surreptitiously intercept or undermine, scratch, or expropriate any system, data, or personal information;
G. Sending spam in chats, whether for personal or commercial purposes, interrupting the flow of conversation with repeated posts of a similar nature;
H. To participate in any action that, in the sole and exclusive judgment of CLUBE ROTAS, "exploits" an undocumented aspect of the Game to gain an unfair or disloyal advantage over other users;
I. To participate in any action that, in the sole and exclusive judgment of CLUBE ROTAS, deceives any other user of the Game, including, but not limited to, the use of scams or fraudulent schemes or social engineering;
J. Using 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 CLUBE ROTAS and any unauthorized third-party programs that collect information about the Game by reading memory areas used by the Software to store information;
J. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
L. Selecting a Driver name that falsely suggests an association with CLUBE ROTAS, that contains personally identifiable information, or that infringes the property rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternate spelling to circumvent this restriction on Driver name choices. CLUBE ROTAS may modify any name that, in CLUBE ROTAS' sole and exclusive judgment, violates this condition without any notice to you, and may take further disciplinary action, including account termination, in the event of repeated violations; or
VI. USER CONTENT
A. Property. "Content" means any communications, images, sounds, and all 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 posts on active social media.
You hereby acknowledge and agree to be fully responsible for any and all Content, including its authorship. However, you grant CLUBE ROTAS, from the moment of uploading or transmitting the Content, on a non-exclusive basis, all copyrights now known or hereafter existing and all other intellectual property rights to all Content, of any type and nature, in perpetuity (or for the duration of protection conferred by applicable law), throughout the universe, hereby granting CLUBE ROTAS a non-exclusive license to future rights and all intellectual property rights belonging to you. In the event that any part of the Content is not subject to licensing, you hereby grant CLUBE ROTAS 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 to electronically, transmit, 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 right to compensation. As 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 Content granted to CLUBE ROTAS 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 no Content will be subject to any obligation of confidentiality, attribution, or otherwise, on the part of CLUBE ROTAS, and CLUBE ROTAS will not be liable for any use or disclosure of any Content. Furthermore, you acknowledge and agree that you will not submit or transmit through the Site or the Game any Content that is subject to any third-party rights. You hereby authorize CLUBE ROTAS and its designees, assigns, and licensees to (1) determine, at their discretion, whether or not to use your real name when using your Content, (2) disclose the Content to the public, (3) use, at their discretion, the Content with or without attribution of your name as the author, and (4) amend, alter, abbreviate, or otherwise revise and modify the Content at the sole discretion of CLUBE ROTAS and its designees, assigns, and licensees.
B. Monitoring Consent. CLUBE ROTAS will not, and will not be able to, select or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, postings on the Forums and/or Chat) while you are playing the Game or using the Site, and you hereby give your irrevocable authorization for such monitoring and recording. You acknowledge and agree that you have no expectation of privacy regarding the submission of any Content, and you further acknowledge and agree that your Chat may be used as part of the Court's proceedings, as more specifically set forth in Section VI.C below. CLUBE ROTAS assumes no responsibility or liability with respect to Content generated by users of the Site and/or the Game. CLUBE ROTAS has the right, but not the obligation, at its sole discretion, to edit or remove any Content. Furthermore, CLUBE ROTAS also reserves the right, at all times and at its sole discretion, to disclose any Content for any reason, including, without limitation, (i) to comply with 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 CLUBE ROTAS; (iv) where the health or safety of someone may be threatened; (v) to report a crime or other offensive behavior; or (vi) as part of court proceedings. PLEASE BE CAREFUL NOT TO PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION IN THE CHAT OR FORUMS AND RESPECT THE CODE OF CONDUCT. PLEASE BE AWARE THAT YOU WILL NOT HAVE AN EXPECTATION OF PRIVACY REGARDING THE CONTENT YOU PROVIDE IN THE CHAT OR 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 THE CHAT OR FORUMS AT ANY TIME.
VII. UPDATES AND MODIFICATIONS
A. Agreement. CLUBE ROTAS reserves the right, at its sole and exclusive discretion, to review, update, alter, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided that substantial modifications made to this Agreement will not be applied retroactively. Such changes will be effective upon your acceptance. If any future changes to this Agreement are unacceptable to you or cause you to no longer agree to or comply with this Agreement, CLUBE ROTAS reserves the right to terminate this Agreement in accordance with the right of termination under clause XVI. You can review the most current version of this Agreement by clicking on the "Terms of Use" link located at the bottom of the Site. You are responsible for periodically checking for changes to this Agreement. Please note that CLUBE ROTAS may also revise other policies, including the EULA and the Privacy Policy, at any time, and new versions of these will be available on the Site.
B. The Properties. In an effort to improve the Properties, you agree that CLUBE ROTAS may change, modify, update, suspend, "reduce" or restrict your access to any features or parts 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 alter the system specifications required to play the Game, and in that case, you, and not CLUBE ROTAS, 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. CLUBE ROTAS provides these links to you as a convenience. These links may also be posted as User-Supplied Content. USE OF THESE LINKS AND EXTERNAL WEBSITES IS AT YOUR OWN RISK. The websites linked to are not under the control of CLUBE ROTAS, and CLUBE ROTAS is not responsible for the content available on these websites. Such links do not imply endorsement by CLUBE ROTAS of information or material on any other website, and CLUBE ROTAS 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 (e.g., in the Forums or via Chat) to an external website, except as otherwise provided by written agreement between you and CLUBE ROTAS, 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 CLUBE ROTAS or dilute the attractive value associated with the names and trademarks of CLUBE ROTAS 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, affiliated, or associated with CLUBE ROTAS; (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) CLUBE ROTAS reserves the right to revoke its consent to the link at any time and at its sole discretion.
IX. FEES
Some aspects of the Game licensed to you may require you to pay a fee, and in this case, you agree to provide accurate and complete payment information to the third party that processes payments used by CLUBE ROTAS. You also agree to pay all applicable fees and taxes incurred by you or any person using an Account registered by you. CLUBE ROTAS 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. CLUBE ROTAS may, from time to time, modify, correct 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 regarding payment of amounts to CLUBE ROTAS, your Account may be closed without prior notice or notification at the sole discretion of CLUBE ROTAS.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER COSTS FOR PAID LICENSES AND PRODUCTS (INCLUDING, WITHOUT LIMITATION) WILL BE PAID IN ADVANCE AND GENERALLY NON-REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE FOR ALL CHARGES ON YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
X. NOTIFICATIONS AND PROCEDURES FOR COPYRIGHT INFRINGEMENT CLAIMS
If you are a rights holder, especially a copyright holder or agent thereof, and you believe that content posted on the Site by a CLUBE ROTAS user violates your rights, specifically copyright, or you believe that content posted on the Site by a CLUBE ROTAS user is illegal for any other reason, please send a notification to the CLUBE ROTAS Content and Copyright Compliance Officer with the following information:
A. A physical or electronic signature of the person authorized to act on behalf of the copyright owner or the holder of the right in question;
B. A description of the copyrighted work or your legal position that you claim has been infringed;
C. The address of the location on the CLUBE ROTAS website that contains the material you claim is illegal;
D. Your address, phone number, and email address;
E. A statement by you that you believe, in good faith, that the disputed use is not authorized by the copyright owner or right holder, its agent, or the law; and
F. A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner, right holder, or authorized to act on behalf of the copyright owner.
XI. WARRANTY EXEMPTION
THE PROPERTIES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, 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 HANDLING, PERFORMANCE OR TRADE USE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED IN THE PROPERTIES. Sinapse Games does not guarantee that the properties will be uninterrupted or error-free, nor that defects will be corrected, or that the properties will be free of viruses or other harmful components. You assume full responsibility for choosing the properties to achieve the desired results and for the installation, use, and results obtained through the properties.
TO AVOID DOUBT, Sinapse Games DOES NOT DISCLAIM WARRANTIES RELATED TO THE INTENTIONAL BREACH OF ITS DUTIES. THIS DISCLAIMER OF WARRANTY DOES NOT AFFECT THE LIMITATION OF LIABILITY AS SET FORTH BELOW.
Given that some states or jurisdictions do not allow the exclusion of implied warranties, this disclaimer, in whole or in part, may not apply to you.
XII. COMPENSATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Sinapse Games FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES) THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT OR THAT ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTY OR ANY BREACH BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY. CLUBE ROTAS 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, it being understood that in this case you will cooperate with CLUBE ROTAS in evaluating and determining the available defenses.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR NOT, 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 OF...). COMPUTER, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) RESULTING FROM YOUR USE OR MISUSE OF THE PROPERTY, 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 EXCEEDING THE AMOUNT YOU HAVE PAID TO Sinapse Games FOR GAME-RELATED TRANSACTIONS, IF APPLICABLE, DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION ARISES.
Notwithstanding the aforementioned limitations of liability, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF Sinapse Games (i) for damages resulting from injury to life, body or health due to the negligent breach of its duties, or due to the intentional or negligent breach of its duties by a legal representative or person designated to perform an obligation of CLUBE ROTAS, or (ii) for other damages resulting from a negligent and gross breach by CLUBE ROTAS 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 CLUBE ROTAS; (iii) for intentional misconduct; (iv) for damages resulting from the negligent breach of an obligation that is essential to the performance of this Agreement by CLUBE ROTAS to the extent that it is typical and foreseeable; (v) for any warranty given by CLUBE ROTAS to you; and (vi) for any liability under product liability legislation.
Given that some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of CLUBE ROTAS will be limited to the maximum extent permitted by applicable law.
XIV. FAIR COMPENSATION
You acknowledge and agree that CLUBE ROTAS would suffer irreparable harm if this Agreement were not enforceable and enforceable or subject to specific performance. Consequently, in addition to financial damages and other remedies that may be obtained at law, you agree that CLUBE ROTAS shall have the right to specific performance or any other injunctive relief, without bail or any 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 relating to this Agreement ("Claim"), you and CLUBE ROTAS 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). CLUBE ROTAS will send a notice to the address on file if you have provided additional contact information to CLUBE ROTAS (for example, by participating in a promotion or survey, or by contacting a customer service representative). Otherwise, CLUBE ROTAS will send its notice to the email address associated with your Account. You must send your notification to CLUBE ROTAS. Please note that this informal resolution procedure is voluntary for you and aims to resolve Claims more quickly and cheaply for both you and CLUBE ROTAS. This procedure also does not suspend any applicable statute of limitations for filing a claim, nor does it limit any rights you or CLUBE ROTAS may have to seek legal action.
B. Exceptions to Negotiations. To the extent permitted by applicable law, you and CLUBE ROTAS agree that the following Claims are not subject to the above provisions regarding negotiations: (i) any Claims that seek to enforce or protect, or relate to the validity of, any of your or CLUBE ROTAS' intellectual property rights; (ii) any Claim relating to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief.
C. Applicable Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by and construed in accordance with the laws of Brazil, without regard to any conflict of law provisions. The parties hereby elect the central court of the city of Valinhos, state of São Paulo, to the exclusion of all others, regardless of jurisdiction, to resolve any controversies, disputes or claims arising out of or relating to this Agreement.
XVI. Termination
This Agreement (and all subsequent modifications, if any) is valid until terminated. Both you and CLUBE ROTAS may terminate this Agreement at any time, for any reason. Termination by CLUBE ROTAS will take effect upon sending you a notice, by closing or deleting your Account, or by deciding to no longer offer the Game or support for the game. You may terminate this Agreement at any time simply by ceasing your use of the Site or the Game. However, if you wish to close your Account, you must notify CLUBE ROTAS through [contact information would be inserted here]. support. Upon termination of this Agreement, your right to use the Properties will cease immediately.
XVII. GENERAL PROVISIONS
A. Assignment. CLUBE ROTAS 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 CLUBE ROTAS, 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 wish to contact CLUBE ROTAS for any other reason, please contact CLUBE ROTAS support through the support page https://ets2rotasbrasil.com.br or via WhatsApp at 19992647954.
C. Entire Agreement. This Agreement represents the entire Agreement between you and CLUBE ROTAS with respect to the Site, the Game, and the subject matter hereof, and supersedes any prior or contemporaneous Agreements between you and CLUBE ROTAS; it being understood, however, that this Agreement shall coexist with, and not replace, the EULA or the Privacy Policy.
D. Force Majeure. CLUBE ROTAS will not be liable for any delay or failure to perform resulting from causes beyond the control of CLUBE ROTAS, including, without limitation, any failure to perform the terms of this instrument due to unforeseen circumstances or causes beyond the control of CLUBE ROTAS, 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 CLUBE ROTAS. 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 CLUBE ROTAS as a result of this Agreement or your use of the Site or the Game.
G. No Waiver. The failure of CLUBE ROTAS to apply or enforce any clause of this Agreement shall not be construed in any way as a present or future waiver of such clause, nor shall it in any way affect the right of either party to apply and enforce any clause thereafter. The express waiver by CLUBE ROTAS of any clause, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such clause, condition or requirement.
H. Notices. Except as expressly stated herein, all notices given by you or required under this Agreement must be in writing and addressed to: CLUBE ROTAS, Ltd., Rua Cândido Ferreira, 37 - Valinhos/SP.
I. Amendment and Severability. If any clause of this Agreement is deemed invalid or unenforceable for any reason, such clause shall be amended to the extent necessary to make it enforceable and to achieve the intent of the parties, to the maximum extent permitted by applicable law, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such clause cannot be amended, then that clause shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining clauses.
J. Section Titles. The section titles used herein are for convenience only and shall not affect the interpretation of this Agreement 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.
BY USING THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE PRECEDING TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE PROPERTIES.
