Term and Conditions of Use, Privacy Policy

Terms of Use for Brazil Club

 

Welcome to Brazil Club!

Thanks for joining our community. Brazil Club includes a variety of products and services (which we refer to as 'services' below). These services are provided by Brazil Club and the Montage Communications Group, Inc., located at 5250 Grand Avenue, 14/111 Gurnee, IL 60031 in the United States.

Every community need guidelines and Brazil Club is no exception. By using our services, you are agreeing to the terms that govern our community. Please read them carefully.

Our services are wide-ranging and may change from time to time. If additional requirements for the use of such services are needed, you'll find them included here.

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The following sections outline the terms and conditions (the "Terms") which govern your access to and your use of Brazil Club's websites and mobile applications that link to or reference Brazil Club. By viewing, accessing or using the Site, you are agreeing to these Terms and are entering into a legally binding contract with The Montage Communications Group Inc, and Brazil Club. ("Brazil Club"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

 

DEFINITIONS:

Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, interacts or in any way uses the Site. "We", "us", "The Service" and "our" refer to Brazil Club.

 

Content

"Content" means text, reviews, information, location data, graphic, images, photos, video, audio and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or have displayed in your Brazil Club account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Brazil Club Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Brazil Club or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Brazil Club Content.

 

Changes to the Terms of Service

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your unconditional acceptance of the modification.

         

Translation

The English language expressly governs your relationship with Brazil Club and is the sole legal basis for this agreement and the Terms and Conditions herein. We may translate these Terms into other languages for your convenience, however any inconsistencies among the different versions will be resolved in favor of the English version.

 

USING THE SITE:

Eligibility

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

 

Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

BrazilClubUSA.com expressly serves the United States of America and as such does its best to conform to existing standards of service and regulation. We do not maintain and cannot be responsible for standards, law and regulations set by other nations or any application of international law.

If you access BrazilClubUSA.com from any other country or location outside of the United States of America, we strongly advise you to leave this site immediately. If you choose to use our site, you do so at your own risk and it is agreed that you have no recognized legal status with regard to the use of our site and its services.

Your use of this site in any way, manner or form from any other country or location outside of the United States of America immediately and forever protects BrazilClubUSA.com from any liability or legal action resulting from any variance of the local, regional or national laws and regulations which may govern your use, or your country’s regulatory position regarding the content and services (including ‘Third Party’ services and related links) of our site.

         

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

 

User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify Brazil Club in writing immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to support your credibility as a contributor to the Site. You may not impersonate someone else (i.e.: adopt the identity of a celebrity living or dead, a fictitious character or your next-door neighbor, or another member of your family), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, please note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Brazil Club. Please read our Privacy Policy for more information.

Communications from Brazil Club and other Users

By creating a Brazil Club account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive occasional e-mailings (including our newsletter) about happenings in your neighborhood or other information we believe might be of interest to you. You can opt-out of non-essential communications anytime.

 

CONTENT:

 

Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Brazil Club.

 

Liability

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, slanderous, demeaning or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

 

Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Brazil Club and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

         

Ownership

In your relationship with Brazil Club, you own Your Content subject to these Terms. We own the Brazil Club Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, reserve claims to any other content brought to or created in the site. We also have other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Brazil Club Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws, practices and procedures. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Brazil Club Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Brazil Club Content are retained by us.

         

Advertising

Brazil Club and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements or for any claim with regard to Your Content and the generation of revenue by or for the Site. The manner, mode and extent of such advertising are subject to change without specific notice to you.

 

Content Feeds

We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on Brazil Club's websites, and attributes Brazil Club as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Brazil Club promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (d) you do not redistribute the Feed Content, and (e) your use of the Feeds does not overburden Brazil Club's systems. Brazil Club reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.

         

Other

User Content does not necessarily reflect the opinion of Brazil Club. We reserve the right to remove, screen, edit, disallow or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

 

GUIDELINES:

Review Guidelines

The best reviews are passionate and personal. They offer a rich narrative, a wealth of detail, and a helpful tip or two for other consumers. Here are some additional thoughts for conscientious reviewers.

Personal experience: We want to hear about your firsthand consumer experience, not what you heard from your co-worker or significant other. Try to tell your own story without resorting to broad generalizations and allegations based on assumption.

Accuracy: Make sure your review is factually correct. Feel free to air your opinions, but don't exaggerate or misrepresent your experience. We don't take sides when it comes to factual disputes, so we expect you to stand behind your review.

Review updates: Review updates should reflect a new experience or interaction with the business. Don't tell the same old story you've already told. If you'd like to add new insight to an old experience, just edit your review instead of creating a new update.

 

User Profile Guidelines

Don't be shy — use your account profile to let people know who you are and what makes you tick. Users want to read reviews from people they know and trust (not those with profiles that are empty or filled with inappropriate content).

 

Event Guidelines

Heard about a great event in the neighborhood? Great! Post it to the Events tab on Brazil Club. Please don't use Events to post your recurring promotional announcements and sales. We also like to keep the content fresh, so please don't post events more than 6 months in advance.

 

Business Owner Guidelines

Business owners, here's your chance to spread the word. And here are some words of wisdom:

About Your Business: Be sure to tell people a little something special about your business. Please keep it relevant: don't use this feature to attack your competitors, reviewers, or Brazil Club, and don't use it to seed keywords or post special offers or promotions — these will be removed them if we see them - and your account could be closed permanently.

Public Comments: Private messaging is often the best way to resolve a dispute with an unhappy customer, but business owners can also address issues publicly by posting a public reply from their admin panel. As with private messaging, we ask that business owners upload a clear photo of themselves to help personalize their message. Don't use public comments to launch personal attacks, a challenge to  a negative review, to advertise, or offer an incentive to change a review.

To summarize: Use the public response to acknowledge the complaint, then work to resolve the situation through a private means of communication, outside of Brazil Club.

Video: Videos are a great way for advertisers to promote themselves on Brazil Club. Be as creative as you can, but please keep it clean. We're not big fans of imagery showing violence, drug use, nudity, near nudity, or suggestive acts. Also, please don't use your video to disparage other businesses, users or Brazil Club; to request or solicit reviews from users; or respond to user reviews.

 

RESTRICTIONS:

Brazil Club exists to promote and assist in the growth of the Brazilian American community. As a review site, we understand that disagreements between members of the community may occur from time to time.  In these matters, Brazil Club will not take sides and is not a source of mediation, accommodation or resolution.

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
  • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Brazil Club;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Violate any applicable law.

 

You also agree not to, and will not assist, encourage, or enable others to:

Violate the Terms;

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Brazil Club;

Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

Reverse engineer any portion of the Site;

Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Brazil Club's technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content, or:
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law.

Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here via registered letter, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

 

THIRD PARTY:

BrazilClubUSA.com may contain links to third-party websites, advertisers, services, or other events or activities that are not owned, managed or controlled by BrazilClubUSA.com (collectively, "Third Party(ies)"). BrazilClubUSA.com does not endorse or assume any responsibility for any such Third Party sites, information, materials, products, links or services.

If you access a Third Party website from any part of BrazilClubUSA.com or use a Third Party service, you do so at your own risk, and you understand that this Agreement and the BrazilClubUSA.com Privacy Policy do not apply to your use of such Third Party sites or services. You expressly relieve BrazilClubUSA.com from any and all liability arising from your use of any Third Party website, service, link or content.

Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BrazilClubUSA.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers, suppliers or services and from any link or action taken by you to access them.


GUIDELINES AND POLICIES:

Content Guidelines

You represent that you have read and understood our Content Guidelines.

 

Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms and Privacy Policy; (c) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

 

Copyright And Trademark Disputes

Please read our Infringement Policy for information about copyright and trademark disputes.

We do abide those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

 

1. Identification of the copyrighted or trademarked work that you claim has been infringed;

2. Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);

3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;

4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and

5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

 

Conversely, we do not abide those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:

 

1. Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;

2. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;

3. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Yelp is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Yelp, or an agent of such person;

4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

 

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.

You can send us your copyright or trademark notices by mail or courier to:

 

The Montage Communications Group, Inc.

Copyright

5250 Grand Avenue, 14/111

Gurnee, IL 60031

(847) 855-8546

 

CONTESTS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A CONTEST, UNLESS OTHERWISE INDICATED.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING, UNLESS OTHERWISE INDICATED. 

These rules govern all contests and prize promotions officially conducted or administered by Brazil Club and/or any of its officially recognized, wholly-owned partners, including The Sounds of Brazil!, Connectbrazil.com and our webstream channels. For time to time, Brazil Club may at its discretion, promote third party contests. It is understood that in these instances, the third party’s terms will take precedence, exclusive of any responsibility stated or implied by Brazil Club’s participation.

Winners will be solely responsible for all taxes and fees, and all other fees and expenses not specified herein associated with the receipt and use of the Prize.  Brazil Club accepts no responsibility for repairing any real or supposed damage to any prize.

All prizes or prize certificates will be mailed to the winners’ supplied mailing address. The winner will forfeit any prize or prize certificate not claimed within forty five (45) days of winning. Prizes or prize certificates mailed to the winners will be preceded by the written consent of the winner and therefore, winner assumes the risk of its loss.  Brazil Club, nor its affiliate prize suppliers, is not responsible for the safe arrival of a prize or prize certificate. 

There is no substitution, transfer or cash equivalent for prizes, except that Brazil Club may, at its sole discretion, substitute prizes offered as comparable value.  The prizes are expressly limited to the item(s) listed and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses.  Other restrictions may apply.

a.    Payments of all federal, state and local taxes are solely the responsibility of the winner.  The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $500 or more or for any prizes awarded by Brazil Club in a calendar year with an aggregate value of $500 or more.  Failure to submit a complete W-9 or equivalent may result in forfeiture of the prize.  Such winnings of $500 or more will be reported to the IRS.

b.    By participating in the Contest, the winner agrees to have the winner’s name, voice and likeness used in any advertising or broadcasting material relating to the Contest without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.

c.    Prior to awarding any prize or prize certificate,  Brazil Club, in its sole discretion, may require Contest winners to sign a liability release, agreeing to release and hold harmless Brazil Club, its licensee, the licensee’s parent, subsidiary and affiliated entities, their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Contest.

d.    If for any reason this Contest cannot be executed as planned, including, but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, Acts of Nature, or any other causes beyond the control of  Brazil Club that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Brazil Club reserves the right to cancel, terminate or modify the Contest.  If the Contest is terminated before the original end date, Brazil Club reserves the right to select the winners by random drawing from among all eligible non-suspect entries received as of the termination time/date or otherwise modify the procedure for selecting winners.

e.    Brazil Club, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of Brazil Club’s website.  Failure to comply with the rules of the Contest may result in a contestant’s disqualification and/or forfeiture of any prize or prizes.  If Brazil Club makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Contest, Brazil Club reserves the right to disqualify that entrant from entering and/or winning future Contests and to prosecute and seek damages to the fullest extent permitted by law.

f.    Brazil Club reserves the right to make changes in the rules and the terms and conditions of the Contest without notice, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement.  If due to circumstances beyond the control of Brazil Club, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, Brazil Club reserves the right, but not the obligation, to cancel or modify the Contest and shall not be required to award a substitute prize.

g.    Brazil Club is not responsible for typographical or other errors in the printing, broadcast, or the publication of any information, the offering or the administration of the procedures, or details or the terms of the Contest, or in the announcement of any winner or any prize.

h.    For a copy of these Official Rules, send a self-addressed stamped envelope to Brazil Club – Official Rules”, 5250 Grand Avenue, 14/111, Gurnee, IL 60031. The Official Rules and the Winner List (when completed) may be posted online at www.BrazilClubUSA.com.

In all cases, agreement to these Terms and Conditions includes additional unnamed terms for any contest. It is understood that these additional terms will be made publicly available and that the entrant is responsible for deciding to enter and participate in any such contest, whether by personal choice or action, or by proxy in any form.

Winners will be solely responsible for all taxes and fees, and all other fees and expenses not specified herein associated with the receipt and use of the Prize.  Brazil Club accepts no responsibility for repairing any real or supposed damage to any prize.

Use of an ‘Alias’ and/or a temporary, ‘blind’ or invalid email address is not allowed and will not be accepted as a valid entry.

Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry.  The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address.  One email entry per person unless otherwise specifically stated. Multiple participants are not permitted to share the same email address.  Entries submitted will not be acknowledged or returned. Unusual activity from a single IP address may also be cause for disqualification.

Use of any device to automate entry is prohibited.  Proof of submission of an entry shall not be deemed proof of receipt by Brazil Club.  Brazil Club’s computer is the official time keeping device for all contests. Brazil Club is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems.

Brazil Club is not responsible for Internet service outages, delays, equipment malfunctions and any other technological difficulties that may prevent an individual from completing his/her registration, voting process or winner’s confirmation process. All communication for contests or prize awards will be completed by email only via Brazil Club’s ‘Contact Us’ page – the official email client for the Contest. While communication via Facebook, Twitter, Brazil Club and Connectbrazil.com may be used to assist and advise, these services will not be considered official.

To participate in any contest, you may alternatively mail in an entry on a 5x7 index card with your name, complete address, city, state, zip code, telephone number, a valid email address and date of birth, and the names and email addresses of up to five (5) friends you would also like to qualify to Brazil Club, 5250 Grand Avenue, 14/111, Gurnee, IL 60031

Brazil Club is not responsible for lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries. Brazil Club will not respond or confirm any entry sent by postal mail. In all cases, written or printed entry of up to five friends (proxy entries) constitutes permission by each entrant.

Only one mailed original entry per person is allowed. If listener is also nominated by a friend, it will be considered a bonus entry, and will be allowed.

Brazil Club may, on an irregular basis, send notice and updates regarding a contest via email, or other social media channels. As a registered entrant, you agree to receive these communications as a condition of participation. If any registered entrant should choose to ‘opt out’ from these communications, the entrant’s eligibility to win may be forfeited.

Contests officially conducted by Brazil Club are open to all persons who are 18 years of age or older and who reside in the United States of America, Canada, Great Britain and Brazil, unless otherwise stated.  Employees of Brazil Club, its subsidiary and affiliated entities, Brazil Club’s advertising and promotional agencies, its participating sponsors, and affiliate partners and webcast partners , the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win.  Contests are subject to all applicable US federal, state and local laws and regulations and are void where prohibited. International law may further regulate the terms and conditions of any part of an award or prize, and any such regulations shall be considered beyond the scope of responsibility of Brazil Club.

Odds of winning depend upon the number of entries received.

Winners will be notified by the Contests Department via email. The winner must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.

Decisions of Brazil Club management with respect to any contest are final.

By use of Brazil Club’s websites or by entering any contest through Brazil Club’s Internet entities, you agree to our Terms of Use Agreements as stated herein and to the use of your personal information as described in this document.

 

WARRANTIES:

Deals, Classified Ads and Advertising on Brazil Club

When you purchase (or offer for sale) a Deal, a Classified Ad or any other form of Advertising which results in a completed transaction on Brazil Club, you are entering into a Third Party agreement for services between a supplier and a consumer, exclusive of any responsibility implied or incurred by Brazil Club. The terms of your purchase will be governed by the transaction.

 

No Warranties

BRAZIL CLUB MAKES NO WARRANTIES AS TO THE MERCHANT, ADVERTISER OR SELLER,  OR THE PRODUCTS OR SERVICES THAT ARE OFFERED BY SUCH. BRAZIL CLUB DISCLAIMS ALL WARRANTIES OF QUALITY, CONDITION, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE PURCHASED BY YOU IN CONNECTION WITH ANY DEAL, CLASSIFIED AD OR ADVERTISMENT. AS BETWEEN BRAZIL CLUB AND YOU, YOU AGREE THAT YOU ARE PURCHASING AND USING THESE PRODUCTS AND SERVICES AT YOUR SOLE RISK AND THAT ANY AND ALL LEGAL RECOURSE WILL RESIDE BETWEEN THE SELLING PARTY AND THE BUYING PARTY.

BRAZIL CLUB MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OF SUCH TRANSACTIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A BRAZIL CLUB REPRESENTATIVE WILL CREATE A WARRANTY, A GUARENTEE OR PROMISE.

UNDER NO CIRCUMSTANCE WILL BRAZIL CLUB REFUND OR COMPENSATE ANY PART OR PORTION OF A THIRD PARTY TRANSACTION. SIMILARLY, BRAZIL CLUB WILL OFF NO REFUND ON THE COST OF POSTING ANY OFFER FOR SALE, TRADE OR BARTER FOR PRODUCTS OR SERVICES OFFERD ON THIS SITE OR ON BEHALF OF THIS SITE.

If you are not comfortable with any part of any advertisement viewed on the SITE, do not enter into the transaction. You are solely responsible for the choices you make.

Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, and (d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

 

Third Parties

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site, its actions or behavior. You agree that we are not responsible for the availability or contents of such Third Party Sites. We want to clearly advise you that your use of Third Party Sites is at your own risk.

Some of the services made available through the Site are provided in connection with third parties and subject to additional terms which may or may not be posted here.

 

Indemnity

You agree to indemnify, defend, and hold Brazil Club, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Brazil Club Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Site, (d) your violation of the Terms, (c) any products or services purchased or obtained by you in connection with the Site, or (e) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Brazil Club reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Brazil Club. Brazil Club will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BRAZIL CLUB AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "BRAZIL CLUB ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

THIS SITE IS RUN BY HUMANS AND AS SUCH, IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE BRAZIL CLUB ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE BRAZIL CLUB ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.

THE BRAZIL CLUB ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE BRAZIL CLUB ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

THE BRAZIL CLUB ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BRAZIL CLUB ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

THE BRAZIL CLUB ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BRAZIL CLUB ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE BRAZIL CLUB ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

 

Choice of Law and Venue

Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Brazil Club (a "Claim"), without regard to conflict of law provisions.

FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN LAKE COUNTY, ILLINOIS.

 

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Brazil Club with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

In the event of any termination, whether by you or us, all pertinent sections of these Terms will continue in full force and effect, including our right to use Your Content as detailed above.

 

General Terms

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on Brazil Club's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms are not assignable, transferable or have the ability to be licensed to another party by you except with Brazil Club's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

~ ~ ~

 

Privacy Policy

This Privacy Policy describes our policies on the collection, use, and disclosure of your information in connection with your use of our websites, emails, and mobile applications ("Site"). The terms "we", "us", and "Brazil Club" refer to The Montage Communications Group LLC., an Illinois corporation. When you use the Site, you consent to our collection, use, and disclosure of your information as described in this Privacy Policy.

I.

Information You Submit

We may store the information you submit to or through the Site. We use the information to fulfill your requests, provide Site functionality, improve Site quality, personalize your experience, display relevant advertising, provide customer support, message you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the Site, please note:

Account Registration:

You must provide a valid email address in order to sign up for an Account on the Site. In addition, you may provide us with your full name, gender, and birth date. When you sign up for a Brazil Club account, we opt you in to receive emails from other Brazil Club users, business owners and Brazil Club by default. Note that you cannot opt out of receiving required administrative or legal notices. If you feel that an unauthorized account has been created depicting you or your likeness, you can request its removal.

Public Content:

Your reviews, tips, photos, check-ins, message board posts, bookmarks, friends, lists, compliments, account profile (including your first name, but excluding your other account registration information), and other content you post to the Site are meant for public consumption. We may display this content on the Site, and further distribute it to a wider audience through third party sites and services.

Contacts:

You can invite your friends to join the Site by providing their contact information from your computer, mobile device, or other sites. If you invite a friend to join and connect with you on the Site, we may use and store your friends' contact information long enough to process your requests.

Messaging:

If you exchange messages with others through the Site, we may store these messages in order to deliver them and allow you to manage them. If you send information from the Site to your phone via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Carriers may charge recipients for texts that they receive.

Credit Card Purchases:

If you purchase business advertising, Deals, or other Brazil Club products or services online, we may collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction (such as fulfilling orders and processing credit card payments). When you submit credit card numbers, we encrypt that information using industry standard technology.

For more information on controlling your personal data, please see Sections 4 and 5, below.

 

II.

Information We Collect

In addition to the information you submit to or through the Site, we also collect and store information from and about you in the course of your use of the Site. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide the functionality and improve the quality of the Site, and may use it to display relevant advertising. For example:

a. Location: We may collect and store information about your location if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information.

b. Activity: We may collect and store information related to you and your use of the Site, such as your browser type, IP address, unique device identifier, the phone numbers and names of businesses that you call through the Site, requested URL, referring URL, browser language, the pages you view, and the date and time of your visit.

c. Brazil Club Cookies: We may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), and similar technology in connection with your use of the Site ("Cookies"). Cookies may have unique identifiers, and reside, among other places, on your computer, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site. To learn how to manage privacy and storage settings for local shared objects in particular, click here.

 

III.

Third Parties

We do not rent, share, sell or trade personally identifiable information with third parties for their direct marketing purposes. That said, we work with third parties and they may have access to some of your information:

a. Advertising: We allow third parties who provide advertising services to use Cookies, as defined above, in connection with your use of the Site. As a result, they may collect and store the same type of information and use it for the same type of purposes as described for Brazil Club Cookies above, and they may be able to associate the information they collect with other information they may have about you. We do not necessarily have access to or control over the Cookies they use. Nevertheless, you may be able to opt-out of some of their practices by visiting the following: Network Advertising Initiative, Omniture, Aperture, and PrivacyChoice. Please note that opting out does not prevent you from receiving advertisements.

b. Service Providers: We outsource some of our technical and customer support, tracking and reporting functions, quality assurance testing, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services.

c. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

d. Business Transfers: We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Brazil Club or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

e. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users affiliates, or the public.

f. Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

g. Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the Site, we may receive information from Facebook to make it easier for you to create an account on the Site and show you relevant content from your Facebook friends. This information personalizes your experience and helps you create a Brazil Club account. To learn more about this feature and how to block aspects of it, please click here and here. You can also connect your Brazil Club account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers. You can manage these settings here.

 

IV.

Controlling Your Personal Data

Other users may be able to identify you, or associate you with your user account if you include personal information in your Public Content. You can reduce the risk of being personally identified by using the Site pseudonymously, though doing so could detract from the credibility of your contributions to the Site. Users can also use the Member Search feature to find one another based on their names or email addresses. You can opt-out of this feature here.

Please also note that the messages you send or receive using the Site are only private to the extent that you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your personal messages publicly posts it or its contents.

 

V.

Data Retention and Account Termination

The information we obtain from or about you may be processed and stored in the United States of America. We may keep it as long as is permitted or required under the law. If you terminate your account, we will remove your Public Content from the Site, but may retain your data for a period of 5 years (or longer if required by law) in our active systems in order to ensure our ability to satisfy the authorized uses under this Privacy Policy. For example, we may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from our active databases. You can request that your account be terminated here. When logged into your account, you can remove or edit reviews that you have uploaded to the Site by clicking on the respective links below the review.

We will respond to requests relating to personal data sent from within the European Union according to the procedures mandated by the member state from where the request is sent. You will receive a response to your request within 30 days.

 

VI.

Children

The Site is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

 

VII.

Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

VIII.

Dispute Resolution

If you believe that Brazil Club has not adhered to this Privacy Policy you may write to the Brazil Club Privacy Officer at the following address:

Brazil Club

Attn: Privacy Officer

5250 Grand Avenue, 14/111

Gurnee, Illinois 60031

United States of America

 

Modifications to This Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Privacy Policy.