ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 - Terms of Service
- About the Terms and Definitions
The following terms describe to the user how our service works. Furthermore, it is a binding contract between USER and ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 that regulates the access and browsing of our website, and its use, including its sub-domains, whichever websites that ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 makes our service available, smartphone apps, tablets or through any other electronic devices. This terms concern the rights and obligations of USER’s to ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and between USERS.
- User
- Services
- Place Owners
- Place
- Contract
- Platform
Any registered user that uses our Services or that, if not registered, merely navigates through our Platform. May also refer to Place Owners as users of the Platform.
All functionalities, services, easy of access, tools and benefits that ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 provides its Users (Users and Place Owners). These Services also include existing and future services provided by affiliated third parties.
A special type of user that owns a Place, such as a commercial revenue. Such Place Owner can create Place profiles, adds and other functions permitted by ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 to enhance the Place’s profile.
Any commercial revenue, or non-profitable institution, or even cultural institution that is registered in our Platform.
An alternative name that refers to these Terms of Service.
Collective of digital domains in property of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, such as, but not limited to, the app, website, content and data storage.
- About ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 is an online Platform which allows its USERS to search for places and share information and content about those places. It functions as a Social Media Network, connecting its USERS to the affiliated establishments. As a mere intermediate, ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 shall not be considered a legal part in any contract or legal relationship between USERS and PLACES or among USERS.
- By accepting this Terms of Service, you, USER or PLACE or any other person that navigates through our Platform, agrees that there’s no employment relation of any kind between ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and you.
- Being ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 an intermediation Platform between USER and PLACE, you agree that ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 does not own, makes, offers, manages, delivers or supply any Place Profile published by the PLACE. PLACES are the only responsible for its Profile content. ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 reinforces that it cannot be considered a legal part of any contract or relationship regarding the USER and the PLACE, not even as a Broker’s firm.
- Our PRIVACY POLICY describes our personal data collecting process, use, storage and sharing. Such data also includes information provided through the website’s content and navigation in general. We can turn anonymous, create pseudonym or aggregate any information, including personal information or content, and use those information to any purpose, including enhancement of the Platform or of the Services, or even create/distribute public marketing related materials.
- We supply basic information to help you utilize our Platform and enjoy our Services in our HELP CENTER ([email protected]). Although our efforts are always toward providing updated and trustworthy information, we cannot fully ensure that the information provided by the HELP CENTER ([email protected]) will be 100% exact and updated. It is our mission to enhance the performance and credibility of our User’s Support to the max, and by this, we make the constant commitment of, increasingly, provide fast, updated and precise information and solutions.
- We can send messages related to your Subscription via SMS, WhatsApp or any other messages sent to your mobile device. In case you wish to stop receiving such notifications, you can, at any time, expresser your will by sending us an e-mail [email protected], following the instructions of the message or replying, if you receive a message via WhatsApp, that you do not want to receive such notifications. Stay aware, however, that ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 does not take responsibility for any losses or damages caused by the deactivation of our mobile device notifications.
- Registering in our platform
- USER’s or PLACE’s register, as well as the use of the available services implies in express acceptancy of the Terms of Service. Therefore, carefully read the provisions and, if you do not agree with the entire Terms of Service, refrain from registering and using the services.
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 makes it possible to register for individuals who are over 18 (eighteen) years old and who are able to celebrate valid contracts.
- From now on, when you access or use ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 services, you represent that you are 18 years of age or over and that you have the legal capacity and authority to enter into a contract.
- It is prohibited to register users who do not have civil capacity, as well as users who have been suspended from the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 platform, temporarily or definitively, without prejudice to the application of legal sanctions set forth in the Brazilian Civil Code, notably, art. 166, I; 171, I and 180.
- Registration must be completed with accurate, updated and true information, and the registering parties are committed to updating the registered data whenever there is any change in them, being civilly and criminally responsible for any irregularity concerning these information.
- It is prohibited to register multiple registrations by the same user, and ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 holds the right to exclude the registrations that are in such condition. Also, you shall not register for anyone other than yourself without such person’s permission.
- When you register to ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 you must create a unique User Name, concerning this choice of User Name, you shall not:
- Choose a User Name that is the name of an existing person, with the purpose of impersonating that person;
- Choose a User Name that is offensive, aggressive, vulgar, obscene , etc;
- Choose a User Name that violates Copyrights of a person or company other than you without prior and formalized authorization;
- Choose a User Name that, anyhow, is considered unlawful;
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 allows its Users to choose an alias or username that does not represent the user’s real name, subject to the restrictions imposed by clause 3.7. Furthermore, Users can change their nickname at any time.
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 reserves the right to use all valid means available to identify users, as well as to request additional data and documents that we deem relevant in order to check the reported data.
- If any incorrect or untrue data is detected by ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, or even, if USERS refuse to submit documents, when requested, ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 reserves the right to temporally suspend or cancel the registration without prior notice and prejudice to other measures that may apply.
- The registration made on our platform is personal and non-transferable, being prohibited the provision of a password to third parties. The user will access his / her registration using an email address and password assigned by him / herself, which him/her undertakes not to inform to third parties, being fully responsible for the use of his / her registration, whose password only he / she must know.
- In case the user perceives any improper use of his / her registration, it is his / her duty to inform ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 immediately of the fact, through [email protected]We reinforce that the user will be the sole responsible for bad use of the register, since the password used must be of his/her exclusive knowledge.
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 reserves the right to refuse any request for registration and / or to cancel a previously accepted register, in its sole discretion and without prior notice, without incurring a fine or penalty in its favor.
- Places registration must contain complete, updated and accurate information about the Place and its services. Misleading information will be punished with the cancellation of the Place’s account in our Platform. Place Owner agrees that any damage caused by misleading content about the Place implies no liability, whatsoever, to ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and takes full responsibility for the reflexes of this misdirection.
- Conduct Guidelines
- In order to use our services, you agree to not use this service for a purpose not described in this Terms of Service. You are the sole responsible for your activity and shall abide by all applicable law and regulations. Moreover, if you represent a Company or business initiative, you shall also abide to any Law or dispositions regarding advertising, marketing, privacy or other aspects applicable to your industry segment/market.
- It is prohibited to post, share, upload, download, facilitate the distribution of any Content through our Platform, including User uploaded content that:
- you know is false, untruthful or that you know/believe is misleading to other USERS;
- is against applicable Law, offensive, aggressive, insulting, pornographic, vulgar, obscene, defamatory, harassing, incites hate speech, violence or that ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 consider, in its sole discretion as inappropriate;
- has an inappropriate use of an Add-to Link;
- contains virus/malware of any kind or that directly and intentionally interferes with our Platform’s software and maintenance.;
- violates any registered trademark, patent, trade secret, author’s right (copyright);
- is considered SPAM;
- impersonates an existing person or entity;
- contains information that should not be made public without express consent of another person or entity, for instance, bank account details, ID documents or any other financial data;
- is in any manner, unlawful.
- Any violation to the items listed on clause 4.2 reserves ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 the right to remove, suspend, edit, block or modify any Content, without notice to the USER who uploaded, published or shared it.
- Check-in, profile and groups
- When Users go to a Place they have the option to check-in. Check-in’s are made public for every other User in our Platform.
- No User can check-in to a Place with the purpose of harming the Place.
- Users may create groups and freely post content, including messages to each other, subject to our Conduct Guidelines and other provisions of these Terms of Service.
- Group Admins can delete any post created by a member of your group, as well as expel members of your group and block them from joining again.
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 has the right to delete any Group or Place profile at our sole discretion.
- User’s profile will contain a section of every Group that you are a member of. User can choose to make this section public or private.
- User’s profile will contain a section of every Place that User follows or check’s-in. User can choose to make this section public or private.
- Place owners
- Place Owner has the right to buy its profile at ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and make hiper-located ads for all Users in our Platform.
- Place Owner should alert ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 in case a fake profile is created about his Place. He may choose to cancel the fake profile’s subscription and replace it by his own.
- Copyright
- All content of the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 platform (design, trademarks, logos, products, systems, service names and other materials), including programs, databases, images and files is the exclusive property of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, and its use by third parties without prior authorization from ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, especially for commercial or economic purposes. The violation of such property rights will result in the respective indemnification for those affected, whether ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, USERS, PLACE OWNERS or third parties.
- The ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform, the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 content and the content of its USERS may, in whole or in part, be protected by copyrights, commercial, trademarks and / or by national or other legislation. You acknowledge and agree that the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform and the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Content, including all associated intellectual property rights, are the exclusive property of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and / or its licensors or authorized third parties. You shall not remove, alter or conceal any copyrights, trademarks, service marks or other proprietary rights incorporated or accompanying the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform, the content of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 or the content of your USERS. All trademarks, service marks, logos and any other source identifiers of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 used in or in connection with the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform and the content of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 are registered trademarks of the same. Trademarks, service marks, logos, trade names and any other designations owned by third parties used in connection with the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform, the content of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 and / or the collective content and content of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, are used only for identification purposes and may be property of their respective owners.
- No one may use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, stream, transmit or otherwise exploit the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform or its collective content, except to the extent that you own certain USER content or as expressly permitted in these Terms. No license or rights are granted by implication or otherwise under any intellectual property rights owned or controlled by ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 or its licensors, except for the licenses and rights expressly granted in this Terms of Use.
- Limitation of Liability
- In no event shall ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, its directors, administrators, partners, or employees be liable in relation to the Platform or Services for:
- Ensure compliance with all laws, rules and regulations that may be applied.
- Any direct, indirect or unforeseen damages of any kind;
- Damages for loss of use, profits, data, images, content, or other intangible goods;
- Damage caused by unauthorized use, failure to access the application, errors or omissions; or
- Judicial or extrajudicial disputes arising from disagreements between the User and Place Owner.
- All Liability of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, its directors, administrators, partners, or employees that, in any manner, may arise from User/Place Owner’s use of the app, service, content and Platform as a whole, is expressly excluded to the fullest extent permitted by law.
- In any case, if a competent court determines that such liability applies to those in clause 8.2. , the monetary amount of this liability shall not exceed one hundred dollars or the equivalent in domestic currency of the jurisdiction in which this decision arises.
- CONCERNING EUROPEAN UNION USERS:
No provision of these Terms of Service may be considered as a an excluding or limitation to ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 or User liability regarding:
- Any breach of any obligations determined by Section 12 of The Sale of Goods Act 1979 or Section 2 of The Supply of Goods and Services Act 1982;
- Fraud, fraudulent misrepresentation, criminal activities, such as, theft;
- Death or personal injury arising as a result of ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 or User’s negligence, as applicable by law.
- In no event shall ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172, its directors, administrators, partners, or employees be liable in relation to the Platform or Services for:
- Alteration and Term Effectiveness
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 reserves the right to modify these Terms of Service at any time in accordance with this provision. If we change these Terms, we will post the revised Terms on the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 app and update the "Last Update" date at the beginning of these Terms. We will also email you a notice of the changes at least 15 (fifteen) days before the effective date of the change. If you disagree with the Amended Terms, you may terminate this agreement with immediate effect. We will inform you of your right to terminate the agreement in the notification email. If you do not terminate your Agreement prior to the effective date of the Amended Terms, your continued access to or use of the ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 Platform constitutes acceptance of the Amended Terms.
- This agreement will enter into force for a period of 30 days, at the end of this period it will be renewed automatically and continuously for subsequent periods of 30 days until the time you, User or Place Owner or ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 terminates the agreement in accordance with this disposition.
- General Provisions
- If a clause is held to be invalid or unenforceable, it shall be terminated or limited in order to preserve the validity of these Terms of Service.
- The Terms of Service are in conformity and must be interpreted in light of the current BRAZILIAN LEGISLATION.
- Governing Law
- ORBI SERVICOS DE INTERNET EIRELI - CNPJ 37282638000172 seeks to have the best possible relationship with its Users and Place Owners and prioritizes conflict resolution in a cordial and efficient manner.
- In the event of a litigation process/judicial settlement, the Rio de Janeiro District Forum shall be elected, in the state of Rio de Janeiro, with express waiver of any other, as privileged as it might be.