This agreement sets forth the terms and obligations (henceforward referred to as the “Agreement”) that will rule the legal relationship between the GAZZAG website and its Members (individually referred to as Member).
GAZZAG is a website that allows its Members to build social networks. The website was developed so that its Members could meet new people, find friends and acquaintances and also communicate and share information among themselves, in addition to participating in communities of shared interests.
This Usage Agreement is a contract, even if it is signed by electronic means, and has legal efficacy and validity, in accordance with civil legislation currently in effect (articles 422 and 425 of the Civil Code, Law No. 10,406/2002).
The objective of this Agreement is to ensure the observance of a transparency, privacy and security policy for all parties involved, allowing for a better usage of the website by its Members.
To register as a Member of GAZZAG, personal data will need to be provided, such as name, e-mail address and other information, including gender and age, among others. In addition to the basic registration information, other information can be provided at the user’s discretion, such as reading preferences, interests, and others.
Your full name will only be displayed to your friends and the friends of your friends. The level of privacy of various information you provide shall be determined by you. An eye icon will appear next to certain information to indicate that you can assign determined levels of privacy to that information. These are the levels of privacy: “for yourself only,” “for your friends,” “for friends and friends of friends,” and “for everyone.” Some fields where the eye icon is shown may only have one, two, three or four of these settings possibilities.
When you access the GAZZAG website and register, you must read and agree to the terms of the Usage Agreement, which may be updated to adapt to the law. The Member will be notified, either by e-mail or by headline announcements on our page, should there be any changes to this Agreement.
When hiring GAZZAG services, you must adhere to given terms, detailed below, and, should any of them be violated, this Agreement shall be automatically cancelled and may result in legal action, in case of losses to the service provider and/or third parties.
The Member shall have access to this Agreement at any time, by visiting the page http://www.octopop.com/?loc=pt_BR.
Similarly, the Member may store this Agreement by following this procedure: On any page on this website, access the “Usage Agreement” link, located at the bottom of the page, and then access the option “Save As” or similar option, which can be found on the browser’s menu, or, if desired, the Member may print this Agreement for future reference or to register the terms of the agreement between the parties.
After carefully reading the contents of this Agreement, check the acceptance box to indicate your acceptance of it, if this is the case. Should the terms of the Agreement be accepted, you must select the corresponding option.
In case of acceptance, the duties and the rules herein described shall be considered read and must be strictly followed. Once the services offered by this website are used, your acceptance of this Agreement and, consequently, its terms and conditions, will be ratified, indicating the Member has read and agrees with what is determined in its clauses.
The non-acceptance of this Agreement shall imply the denial of membership to the services offered by the website.
GAZZAG is a social networking website on the Internet, in which the Member can invite acquaintances, friends or third parties to join his/her network or community, or allow that personal information be shared with other Members.
To become part of GAZZAG, you must be 16 years or older. When registering at GAZZAG, the Member certifies that he/she is of full legal age and understands the terms herein established for using the website. Providing false information shall imply the individual liability of the agent practicing the act, being subject to the penalties and sanctions of current law.
The website assumes responsibility for performing the services it offers its Members, although it is not responsible for contacts and/or meetings that originate through the service rendered and, similarly, it does not assume responsibility for any action taken by third parties.
The GAZZAG services shall only be offered when the website is on-line and accessible. The service shall be interrupted for maintenance or for any other reason, in which case the service provider shall not be held responsible for such interruption. If the Member stores images and text at the GAZZAG website, GAZZAG will make every effort to ensure their integrity. GAZZAG does not take any responsibility for possible technical problems that may cause the loss of information and files stored on the website.
The Member knows and agrees that the service is provided by the GAZZAG website via access to the World Wide Web through devices adequate for such, and the Member acknowledges to be the sole responsible for the technical equipment needed, such as, computer, modem etc., as well as the Internet service provider.
The expression of the will of both contract parties in the agreements fulfilled by electronic media will occur at the time when the terms of this Agreement are accepted. Such expression will always be considered as unequivocal.
GAZZAG is partner with the ParPerfeito.com.br website, and, therefore, it makes available to its Members the access to the ParPerfeito service via de Gazzag Dating website. However, the rules of use of Gazzag Dating will be governed individually and separately by the respective service provider, and the Member who wishes to user the services offered by ParPerfeito via Gazzag Dating must express his/her agreement with the respective Usage Agreement. The services offered by GAZZAG are in no way connected to the services offered by ParPerfeito via Gazzag Dating, and both services are offered by distinct service providers.
The GAZZAG website Member agrees to supply truthful, accurate, updated and complete personal data during the registration procedure of the profile, as well as to keep updated the information supplied at the time of membership.
When registering or logging into GAZZAG, the date, the time and the IP (Internet Protocol) address of the Member are automatically saved, because these data will help GAZZAG keep a detailed record of its members accounts.
At the time of membership, the Member may voluntarily provide other personal data, via surveys, promotions and questionnaires offered by GAZZAG individually or in partnership with third parties.
Such personal data, supplied voluntarily by our Members, by means of answering surveys, questionnaires and registers, are used only to enhance GAZZAG’s knowledge of the on-line services, and this information is considered strictly confidential.
GAZZAG may establish agreements with other companies for special offers, promotions and/or subscriptions. In this case, GAZZAG assumes no responsibility for the information directly supplied by its Members to third parties.
Any disclosure of Members’ non-confidential information to GAZZAG’s partners and/or affiliates shall obey the terms set forth in this Agreement, and those that violate the provisions herein shall be legally responsible. The term “non-confidential information” is understood to mean the information included in members’ profiles and that is available for access by third parties.
The e-mail address provided when registering shall be used only for the purposes authorized by the Members, as well as to answer questions or send information and services about the site to Members. The e-mail addresses supplied by Members shall not be given or sold to third parties. GAZZAG is not responsible for the publication of e-mails by Members in their profiles.
When filling in your profile during registration in the website, the Member understands and authorizes the display of some of these data to any GAZZAG Member. Giving your data to third parties or to other GAZZAG members is your sole responsibility.
The member may remove his/her data from our website at any time, by simply accessing the "Remove Profile" link on the "Account Settings" page, available on the man menu through the “Welcome” link.
Providing false information or using third-party information constitutes a crime under the Brazilian Criminal Code. In case of any loss or damage to third parties or to GAZZAG, due to illegal activity by any of its Members, this person shall be responsible for the respective losses and damages, and shall be subject to the sanctions established by law. In this case, GAZZAG reserves the right to cancel the membership of said responsible party when it learns about the misrepresentation or bad faith of the Member. GAZZAG may also prevent the Member from returning to the services offered by the website.
Should there be any suspicion or strong indication of bad utilization of the site’s services by any Member, GAZZAG may take the profile off the air, temporarily or permanently, by advance notice via e-mail, as well as refuse the new registration of the Member who has violated any of the clauses of this Agreement.
Upon finishing the registration process, the Member must choose a password and a personal identification, being the one and only person responsible for the chosen password and for keeping its confidentiality.
Members agree to notify the GAZZAG website about any non-authorized use of their password or account, as well as any breach of security that might happen.
GAZZAG Members may create only one profile, since the website’s policy does not authorize the creation of more than one profile per person.
You may cancel your membership at any time and for any reason, simply by accessing the website using your nickname and password and clicking “Remove Profile” in the “Account Settings” area.
This Agreement may be cancelled or suspended, without previous notice, by GAZZAG in case of violation of any of the terms set forth in this Agreement, in accordance with article 474, first part, of the Civil Code. Even if not legally obligated to do so, GAZZAG will communicate, via e-mail, to the Member about the cancellation or suspension of his/her usage agreement.
GAZZAG has a security and privacy policy designed to protect its Members against the improper use of their personal information by third parties.
GAZZAG offers useful tools to limit the access to your personal information by Members, such as publishing your full name only to your friends and friends of friends. The level of privacy of various information you provide shall be determined by you. An eye icon will appear next to certain information to indicate that you can assign determined levels of privacy to that information. These are the levels of privacy: “for yourself only,” “for your friends,” “for friends and friends of friends,” and “for everyone.” Some fields where the eye icon is shown may only have one, two, three or four of these settings possibilities.
GAZZAG shall not sell or share the personal information of its Members with third parties. Only by written authorization from the Member or by legal authorization or order shall this information be published to the requesting authority. Should the Member publish his/her information in the GAZZAG website to third parties, the use made by the parties with access to that information shall be the sole responsibility of the referred Member.
To ensure your security, we recommend you periodically change your personal use password for access to your profile, and not disclose it to third parties. It is also recommended to exercise caution when publishing any of your personal information to third parties.
We suggest that you know everyone who joins your social network, and that you trust these people enough to allow them access to those data you have made available to your friends in your profile. GAZZAG recommends that Members exercise care when disclosing personal information, such as, telephone number or address, to strangers.
The information published by the Member in the corresponding profile, are at the Member’s sole responsibility.
Whenever GAZZAG deems it necessary, it will request the Member’s password for performing specific services or for unblocking the system.
In case the password is forgotten, and if requested, GAZZAG shall send the Member’s password to the primary e-mail address informed in the profile.
GAZZAG will make every effort to ensure the safety and protection of its Members’ data against access by non-authorized people or the improper use of the information supplied by its Members, by employing the appropriate technologies.
The Member’s personal password is confidential and encrypted, to ensure its secrecy. Only with the personal password shall the Member be able to change the corresponding personal information. We recommend the Member uses a sequence of numbers or letters that do not directly identify him/her.
The GAZZAG website seeks to offer a service of excellence and, therefore, is based on current legislation of the Country and trusts in the good faith of its Members for the supply of its services.
GAZZAG will not monitor or edit the contents of its Members’ information, unless required by law, or when it is necessary to protect and defend GAZZAG’s proprietary rights, or when it is necessary to protect the personal safety of its Members. Therefore, GAZZAG has the right (but not the obligation) to revise the contents published by its Members, and may remove information that is against the terms of this Usage Agreement or against current legislation, as well as to reject any profile, text or photography that does not meet the requirements established in this agreement.
Thus, GAZZAG reserves the right to edit or change the contents of any profile registered by any Member when it verifies the use of offensive language or defense of illegal acts; that is, any contents that is not lawful, moral or decent.
GAZZAG, when questioned in Court for an act performed by its Members, has the right to compensation for the amounts employed to defend itself against the claimant, exercising its right of regression.
GAZZAG assumes no responsibility, and shall not be considered responsible, by the use third parties make of the information published by the Member in his/her profile.
The principal services offered by GAZZAG include the following:
a) (Exchange of messages) Mural
b) Blog
c) Photo albums
d) Discussion groups (Communities)
e) Chat tool
f) Dating
a) EXCHANGE OF MESSAGES (MURAL)
GAZZAG allows its Members to exchange messages with each other through a space called a mural, available on each Member’s personal page.
The Member is allowed to send messages to all of GAZZAG’s members, regardless of the classification of these as friends, or friends of friends.
When agreeing to this Contract, Members acknowledge that all their texts and images (“content”) published are the sole responsibility of the Member from which each content originates. This means that the Member is entirely responsible for all the content published in the site.
GAZZAG does not control the content released directly by its Members and, therefore, does not guarantee the accuracy, integrity and/or quality of the content.
Thus, Members are aware that GAZZAG does not previously verify the “content” published by its Members. However, GAZZAG has the right (and not the obligation) to arbitrarily refuse or remove any content published on its site, primarily the content that violates the rules of this agreement and/or law.
b) BLOG
The Blog is a space available in the “My Page” area for writing and debating ideas, sharing interesting facts, publicizing events (meetings, parties, etc.), among others.
Information about changing or removing the Blog can be found in the “Help” area, in “My Page.”
c) PHOTO ALBUMS
GAZZAG allows its Members to publish a certain number of photos in the “My Page” area, through the space called “Photo Albums.”
The photographs should be clear and in good condition. Photos cannot show nude or semi-nude people, or intimate body parts, in pornographic poses, or in illegal activities.
Photo albums may contain third parties, and the Member is responsible for same. GAZZAG has no responsibility for the photos published by its Members.
d) COMMUNITIES
In addition to the services listed above, GAZZAG offers its Members the possibility to create communities with diverse objectives. Through these communities, Members may express their thoughts, beliefs and values.
When creating a community, the Member must take into account the moral and ethical principles that govern a Society, as well as observing and respecting the rules and the laws in effect.
A community must respect all the terms of usage presented in this Agreement.
The community shall not contain pornographic and/or pedophilic material.
The community shall not contain or encourage the spread of discriminatory, racist, defamatory, profane, generally offensive or illegal ideas.
The community shall not be created for commercial purposes. GAZZAG is intended only for personal use.
The community’s values are supported by a combination of people and automated systems for detection of abuse. Thus, Members who violate the terms set forth herein may be temporarily suspended or have their profiles permanently removed from the website, at GAZZAG’s sole discretion.
Violations of the values presently established may be reported via the "report" link, next to profiles and communities in GAZZAG.
Attention: The excessive or unjustified use of the "report" feature may lead to suspension of the account of the Member who performs such an act. GAZZAG encourages the use of this tool. However, its excessive use may be interpreted as personal and not with the intention of preventing unlawful practices.
A Member or a community that affects the stability or general integrity of the system may be suspended or deleted, until the situation is explained.
Violation of the terms here presented may imply the exclusion from a community.
A community that is inactive for more than 4 weeks may be permanently deleted, without prior notice.
e) CHAT TOOL
The Chat tool is an exclusive tool that allows Members to find their friends who are on-line in GAZZAG with the Chat tool connected, thus allowing a direct, private chat window to be opened with the other Member.
The GAZZAG Chat tool offers privacy and is considered extremely secure. Other than the person with whom the Member is talking, nobody else can read the content of what the Members are writing.
GAZZAG is not responsible for the content of the conversations linked through the Chat tool.
f) GAZZAG DATING
GAZZAG Dating can be used through the GAZZAG website. Just click on the “Gazzag – Dating” menu in the top part of the website, choose a user name, fill out some information and agree to the terms of the Usage Agreement of GAZZAG – Dating that differ from this agreement.
In GAZZAG – Dating the Member remains anonymous and is identified only through his/her user name.
GAZZAG – Dating has the specific tools and processes to help its Members find the right person for a relationship.
GAZZAG- Dating operates independently from GAZZAG – Friends Network. The users of Gazzag – Dating have no way of knowing who you are in Gazzag – Friends Network and vice-versa.
The Member is responsible for the ownership of the personal information transmitted to the GAZZAG website.
The Member must provide correct, accurate, precise and updated personal data. Each Member is personally responsible for the personal data he/she supplies.
The Member must be over 16 years old to hire the services offered by GAZZAG.
The Member cannot use photography that is not in his/her personal profile. In the space designated for the headshot, only the Member may be shown. This photo must be current and/or recent. The photo albums may contain third parties, but the Member is responsible for the same.
GAZZAG is not responsible for the truthfulness of the information provided by its Members.
Providing false information constitutes the crime of misrepresentation, described in art. 299 of the Criminal Code, whose penalty is established between one and three years’ imprisonment, in addition to a fine.
The provision of false information by the Member gives GAZZAG the right to remove the corresponding profile from the air, without advance notice, either temporarily, for the duration GAZZAG deems necessary to clarify the situation, or permanently, at GAZZAG’s exclusive criteria, due to the violation of the terms of this agreement.
Damages caused to third parties resulting from the use of false information by the Member will subject the Member to the penalties imposed by law, as well as the restriction of the right to return by GAZZAG.
The Member may only access the services provided by the website with the purpose of establishing personal relationship contacts. Commercial practices are not allowed.
The Member shall not publish in his/her profile contents that constitute racism or prejudice; shall not violate children or teenager’s rights; shall not publish, transmit or make available third party contents, that violate third party copyrights or image rights; and shall not send any message containing virus nor disseminate pedophilic, discriminatory, defamatory, abusive, profane, offensive or illegal opinions.
The Member shall not advertise, publish political opinions or request other member or third party to act in his/her behalf, unless a power of attorney is provided.
The Member shall not use third parties to perform any action through the website or any other means of communication offered by GAZZAG.
The Member shall not transmit currents or spam to other Members.
The Member shall not use the website to publish any illegal or abusive practice or any action that results in damages or losses to third parties.
The Member shall not include in the profile sexual references or suggestions, including offensive language.
The Member agrees to maintain the confidentiality of the personal information of other Members with whom he/she establishes a relationship, and which are received through GAZZAG, and shall not publish them in any circumstance, unless the third party agrees to it.
The Member shall keep all information provided through GAZZAG in secrecy and is not authorized to give them or publish them without the prior written permission from GAZZAG.
The Member is solely responsible for the contents of the messages he/she might exchange with other GAZZAG members.
The Member shall not violate, intentionally or not, any legal norm present in the Brazilian and international legal system, nor shall he claim ignorance of the effective normative clauses.
The Member may not tamper with GAZZAG’s transmission system, nor even to copy, reproduce, duplicate or use the website’s contents for any purpose, and shall be deemed responsible for illegal acts he/she performs with this purpose.
Should there be violation of any of these clauses or any other present in the Usage Agreement, GAZZAG may, at its discretion, change or suppress the profile contents.
Violations of the clauses established in this agreement may be denounced via the "denounce" link, next to the profiles and communities in GAZZAG.
Attention: The excessive or unjustified use of the "denounce" feature may, however, lead to suspension of the Member’s account. GAZZAG encourages the use of this tool, however, its excessive use may be interpreted as personal and not with the intention of restricting unlawful practices.
The Member’s profile is individual, personal and non-transferable.
The Member shall only use the registered profile his/her sole advertisement, and it is forbidden to include in each profile’s home page pictures of third parties, pictures with more than one person or pictures of couples.
The violation of this clause will result in the immediate suspension of the profile, and it will only be considered acceptable its restoration if the mentioned condition is met.
GAZZAG emphasizes the services it offers aim at meeting and respecting the norms of moral and decent behavior, and it does not take responsibility for the acts of its users who may break the rules of conduct set for by this Agreement.
Gazzag is the owner of all rights relating to the Brand, the title and the services offered through its website. The reproduction, transmission, or exploitation or any use, commercial or personal, of the website contents is not authorized.
The exploitation, transmission, total or partial reproduction of the website contents or its improper use shall subject the transgressor to the penalties prescribed by the law.
The Member, considering the present Agreement, expressly authorizes GAZZAG to use features including, but not limited to, "cookies" to offer a better and more personalized service.
A cookie represents a small amount of data, usually including a unique anonymous identifier, sent to the Member by a website which is stored in the computer’s hard disk.
The Member may configure the browser to accept all cookies, reject them or be notified whenever a cookie is sent.
Since each browser does this in a different way, please see the help tool of your browser to learn how to change your cookies preferences.
ATTENTION: If the Member chooses to reject all cookies in the browser, he/she will not be able to use all features and services offered by GAZZAG.
GAZZAG uses its own cookies for several purposes, including:
Checking your information at the time of login, to present you with personalized contents;
Presenting advertisements suited to your profile;
Estimating the number of users;
Conducting surveys to improve the contents and the services of GAZZAG.
GAZZAG allows other companies that provide advertising services or that advertise through our services, to insert and have access to cookies in your computer. The use of cookies by these companies is their sole responsibility and such use is established in their respective privacy policy and is not covered under this Agreement.
Advertisers or other companies do not have access to cookies from GAZZAG.
GAZZAG shall, occasionally, contain links that access other websites from partners and/or affiliates or other resources on the Internet. Should the Member enter another website, the legal relationship of such entry shall not include GAZZAG, pertaining only to the Member and the accessed website.
Any dispute relating to this Agreement or to the website shall be resolved in Court according to the Brazilian legislation, for which the primary Court of the city of Rio de Janeiro, RJ, Brazil, is elected as the only one with competence to settle such issue.
TThis Agreement shall be governed by the laws of Brazil and obeys the Brazilian legal system, the general principles of law and international regulations for electronic commerce.
If the Member does not agree with any clause of this Agreement, and obtains in Court the respective cancellation, the remaining clauses shall not be affected and will remain in effect.
Should the Member have any question about the present Agreement or about the practices of this website, please contact us.
I HAVE READ AND UNDERSTOOD THE TERMS AND PROVISIONS OF THIS USAGE AGREEMENT AND I AM AWARE OF ITS CONTENTS. I ACCEPT ITS TERMS.
