Terms of Service

Last updated September 16, 2024

OVERVIEW

Our Terms of Service (“TOS“, “Terms” or “Agreement“) also includes our Privacy Policy, Cookies Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Vai al Mare.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You“, “Your” “Yourself” or “User“) and Vai al Mare (“Company“, “we”, “us” or “our“), concerning your access to and use of the https://vaialmare.com/en/ independent website as well as any other digital media format, digital promotion channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Website“). Our representative office are in Brazil at Recife-PE. The Site is a marketplace targeting sustainable tourism, travel and hospitality on seaside and coast – primarily in the Mediterranean (Portugal, Spain, France, and Italy) and Brazilian’s Northeast (Bahia, Alagoas, Pernambuco, Rio Grande do Norte, e Ceará). (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site, and neither the Marketplace Offerings.

Understanding the meaning of (“You“,”Your“, “Yourself“, “User“) we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually that refers to you, the person who is entering into this Agreement with Vai al Mare and to anyone who uses our Service, including general visitors to our Site or Website. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that: (1) you have full legal authority to bind your employer or such entity to these Terms; (2) you have read and understand these Terms; and (3) you agree to these Terms on behalf of the party you represent.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, and/or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site, and/or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the and/or Site, the Marketplace Offerings.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site by third-parties or the Marketplace Offerings displayed or offered through the Site by third-parties. You understand and agree that the content of the Site displayed or offered by third-parties does not contain or constitute any of our official representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content displayed or offered by third-parties. We do not endorse or recommend any Marketplace Offerings displayed or publicized by third-parties and the Site is provided for informational, awareness, and advertising.

You can find more about our Disclaimer going to section “DISCLAIMER” below.

4. USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. MARKETPLACE OFFERINGS

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected. Understanding the meaning of (“Marketplace Offerings“) we mean the inclusion but not limited to news, insights, interviews, stories, informational, educational and promotional content, in addition to products, services and advertisements.

6. PURCHASE, PAYMENT AND DELIVERY POLICY

Please carefully review our Purchase, Payment and Delivery Policy when purchasing our services. This policy will apply to any purchase you place with us.

We offer a secure purchase option. A third-party supply will be responsible for billing and delivery our services.

We accept the following forms of payment through third-party websites, payment processing platforms (Stripe and Paypal). Stripe supports several card brands begin accepting a diversity of card brands such as (American Express, China UnionPay (CUP), Discover and Diners, Japan Credit Bureau (JCB), Visa, and Mastercard). PayPal supports a large number of credit cards, including Visa, Mastercard, American Express, Discover, JCB, Diners Club and EnRoute. You may be required to purchase or pay a fee to access some of our services.

Accordingly with your country of residence some taxes and/or fees are exclusive of chargeability, which we will charge as applicable. Sales tax will be added to the price of purchases as deemed required by us. You agree to pay all charges, taxes and/or fees applicable at the prices then in effect for your purchases accordingly with your country of residence, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation, that’s mean that until such time as you cancel the applicable purchase. We may change prices at any time. All payments shall be in Euros.

Any prohibited, limited, blocked, and/or unsuccessful purchase operation, is totally linked and related with your (country of residence, bank system operations, credit card regulations, etc). Regarding that, so please we suggest you both check and review this carefully before purchase to avoid hassles or misunderstanding and being frustrated. For EU and UK consumers: This does not affect your statutory rights. Unless specifically noted by any official body your country. For more information please refer to our Terms.

The delivery is immediately after confirmation of purchasing service. In rare cases, if delivery is not immediately and take some minutes that is because depends upon some extra steps authorization and/or security validation between your (bank system operations, credit card company, etc.) and third-party websites, payment processing platforms (Stripe and Paypal). But even so for any reason the delay even persist, so please we suggest you contact directly your (bank account, credit card company, etc.). And even whether result unsuccessfully, please let us know that we will try to help you as advisory as possible how to proceed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site, and/or the Marketplace Offerings integrated with third-party websites, payment processing platforms (Stripe and Paypal). You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any purchase placed through the Site, and/or the Marketplace Offerings. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include purchases placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit purchases that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We do not have control over third-party tools or integrations, and you expressly acknowledge that We are not responsible for the privacy practices associated with such tools and integrations. You can find more about this in our Privacy Policy: https://vaialmare.com/en/legal/privacy-policy, going to section “WHAT INFORMATION DO WE COLLECT?”

If you have questions about cancellation and refund, go to section “CANCELLATION AND REFUND POLICY” below. If you have any further questions or comments, you may contact us by email at: vaialmare@outlook.com.

7. FREE TRIAL AND SUBSCRIPTION

We offer a 7-day free trial period to new users who register with the Site. After your 7-day free trial period, you will be charged according to the applicable annual subscription (charged monthly) fee specified on the Site, before any discounts or promotional codes have been applied, that’s mean that the free trial will be automatically converted to a paid annual subscription (charged monthly) after seven (7) days. Credit card required. In order to avoid charges until your membership is cancelled or to stop future charges, you must cancel any time by before seven (7) days at your account settings. If you do cancel your subscription beyond/after the 7 day free trial period, you will continue to have access until the end of your subscription (monthly billing) period and will not be billed for any subscription fee in the next billing subscription cycle. We do not provide refunds or credits for any partial-month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period. Eligibility is determined by Vai al Mare at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Vai al Mare membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Vai al Mare membership to determine eligibility.

8. COMPETITION AND REWARD

THESE TERMS AND CONDITIONS

These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions, and/or rewards program promoted by Vai al Mare. We refer to all these competitions, and/or rewards program as the "Competitions" and "Rewards" in these General Terms.

In addition to these General Terms, Competitions, and/or Rewards will also have their own specific terms and conditions (such as the details of how to enter, the opening/closing dates and the sort of prize, and/or reward you may win). Any such Competition, and/or Reward-specific terms and conditions will be made available as part of the promotion of the particular Competition, and/or Reward in publications and/or online. In these General Terms, we will refer to these Competition, and/or Reward-specific terms and conditions as the "Specific Terms".

You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence.

We may change these General Terms at any time. You should check our website regularly for any changes, which will apply from the date that they are uploaded.

By entering any Competition, and/or Reward programs you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.

IDENTITY OF THE PROMOTER OF THE COMPETITION AND REWARD

The "promoter" of a Competition, and/or Reward is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions, and/or Rewards program will be Vai al Mare.

Vai al Mare has a representative office at Recife-PE, Brazil. If you have any concern in relation to any of our Competitions, and/or Rewards, please email us at: vaialmare@outlook.com setting out clearly (i) the name of the Competition, and/or Reward, (ii) the name of our publication or website running the Competition, and/or Reward, and (iii) your issue.

ELIGIBILITY RULES FOR OUR COMPETITION AND REWARD

We reserve the right to require and impose a particular age limit in relation to any of our Competitions, and/or Rewards, therefore any person aged 18 or above is eligible to be bound by the terms and conditions of the Competition, and/or Reward. Any of our Competitions, and/or Rewards are not available to persons under the age of 18 neither with written consent from a parent or legal guardian.

Certain Competitions, and/or Rewards may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be published in Specific Terms of the relevant Competition, and/or Reward.

It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes. We reserve the right to disqualify any entry which does not comply with these General Terms.

ENTRY AND ENTRY METHODS

Emails: Where a Competition, and/or Reward asks you to enter by email, your email must be addressed to the correct email address and must include the correct subject title, keywords, fill in steps or other answer format as required by the relevant Specific Terms. Entries which fail to do so will be void. Email entries are deemed to be received on arrival, not when they are sent from your email account.

SMS: Where a Competition, and/or Reward asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the Specific Terms of the Competition, and/or Reward. Entries which fail to do so will be void.

Deficient entries: In all Competitions, and/or Rewards, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of any of our publications, websites or brands. We accept no responsibility for any late, lost or misdirected entries, including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.

Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition, and/or Reward repeatedly is prohibited.

Names: Entrants must enter Competitions, and/or Rewards using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.

Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition, and/or Reward more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.

Prize Limits. No person or persons at the same residential address may win more than one (1) prize valued at five hundred dollars ($500) or more via any of our Competitions, and/or Rewards in any six (6) month period.

Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Competition, and/or Reward and in particular where a person is in breach of the entry restrictions set out in rules Names, Multiple Entries, and Prize Limits above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.

PRIZES

We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prizewinners must accept prizes in the form offered. Where prizes consist of a reward e-card, it will be redeemed in cash as setting out in rules below.

All prizewinners will be notified that they have won a prize within twenty eight (28) days of the closing date of the Competition, and/or Reward via at least one (1) of the following methods:

(a) by mobile phone; or
(b) by emails

Prizes will be redeemed in cash by the winner via the PayPal service, unless otherwise stated. We will not be liable for any prizes which are lost, damaged, stolen, blocked or not redeemed in PayPal for whatever reasons beyond our control and will be void if altered, copied, reproduced or frauded.

Prizes will only be delivered/redeemed to a valid PayPal account. Should a prizewinner's contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition, and/or Reward.

We will not be liable for any issues if your account access is temporarily limited in PayPal for reasons beyond our control. You will need to contact PayPal directly to submit the information requested by PayPal to unlock your account.

We reserve the right to request proof of a prizewinner's identity in the form of a passport or driver's licence and proof of address in the form of a utility bill. In the event that a prizewinner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prizewinner.

All prizes are subject to availability, non-transferable, non-exchangeable, and not for resale. Where prizes consist of a reward e-card (to be redeemed in cash), they must be redeemed on the dates specified by us and may only be redeemed once. If a prizewinner does not redeem the prize at the time stipulated by us, then the prize will be forfeited by the winner. The reward e-card are featuring the name of prizewinner, a unique Serial Number and an Expiry Date and will are only valid when displayed with our verified digital credentials. No more cash will be awarded in lieu of the prize or part of it neither entry tickets, attendance at events, holidays and similar time-specific benefits.

Where prizes consist of a reward e-card to be redeemed in cash, any extra cost and fees subject to the exchange rate at the time of redeeming, as well as IVA, tax liability or tax payable as a result of a prize being awarded received in cash will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.

We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions, Rewards, and/or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.

All stated prize values are at the recommended retail price in dollars and are correct at the time of printing. We take no responsibility for any fluctuations in prize values nor the exchange rate at the time of redeeming. We award cash prizes in the form of a reward e-card in the name of the prizewinner with a unique Serial Number and an Expiry Date and will are only valid when displayed with our verified digital credentials. Any other arrangement will be at our discretion.

Where prizes consist by third party suppliers may also often stipulate their own terms, conditions or restrictions and all prizewinners agree to be bound by these. Subject to section 27. DISCLAIMER and 28. LIMITATIONS OF LIABILITY, Vai al Mare shall have no liability in relation to any prize provided by a third party provider.

A list of prizewinners for a Competition, and/or Reward can be obtained by email us at: vaialmare@outlook.com and quoting the name of the Competition, and/or Reward.

EVENTS PRIZES

Where the prize for any of our Competitions, and/or Rewards involve the winner's attendance at (or tickets to) an event, the prizewinner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.

Where prizes comprise or include "meet and greet" elements with celebrities, the prize may be subject to the availability of the celebrity in question or to rules imposed by the celebrity and we will have no liability for any inability or failure of any prizewinner to attend any "meet and greet" session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.

UNCLAIMED PRIZES

All prizes must be claimed and redeemed within twenty-one (21) days of our notification of winning unless otherwise stated. We reserve the right to award prizes unclaimed and unredeemed after this period to alternative prizewinners or not to award them at all and we shall have no liability in respect of the entry initially selected. Any prize, for whatever reason which is unclaimed and unredeemed, will be used for another Competition, Reward, and/or sent to charity.

We reserve the right to award prizes unclaimed and unredeemed after this period to alternative prizewinners or not to award them at all.

PUBLICITY AND PERSONAL INFORMATION

The personal information supplied by entrants when entering our Competitions, and/or Rewards or otherwise requested by us, will be used by us in accordance with our privacy policy which can be found at: https://vaialmare.com/en/legal/privacy-policy, or as modified for the Competition, and/or Reward. You should always read the privacy policy as your entry in the relevant Competition, and/or Reward is an agreement to be bound by the privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the conclusion of the Competition, Reward, and/or award of prize(s), entrants will however forfeit their right to claim any prizes.

Should an entrant be required to submit a third party's personal information as a part of entry into or participation in any Competition, and/or Reward, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions, and/or Rewards.

It is a condition of your entry to our Competitions, and/or Rewards that we have the right to publicise to the public the names and Counties of entrants to our Competitions, and/or Rewards and otherwise to process your personal information for the running of the Competitions, and/or Rewards and matters incidental to the Competition, and/or Reward.

All entrants and particularly prizewinners, may be required by us to participate in photo, recording, video and/or film session(s). In this regard you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner we see fit, unless you advise us at the time of entering the Competition, and/or Reward that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions, and/or Rewards.

Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition, Reward, and awarding the relevant prizes.

No fees shall be payable to any entrant in relation to their entry in any Competition, and/or Reward or any publicity relating to the Competition, and/or Reward.

By entering the Competition, and/or Reward entrants warrant and undertake that the information submitted is true, accurate and complete.

PHOTOGRAPHS AND VIDEOS

Should any Competition, and/or Reward require entrants to submit any photographs or video clips, as a part of entry into or participation and used in the Competition, and/or Reward (collectively referred to in these General Terms as "Photograph"):

(a) entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
(b) entrants agree that we have the right to publish and communicate to the public the Photograph in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition, and/or Reward;
(c) entrants acknowledge that we may edit the Photograph in our sole discretion;
(d) entrants agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the Photograph;
(e) entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photograph; and
(f) entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photograph.

DRAWS

Where any prize is awarded via a prize draw, prizewinners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition, and/or Reward closing date (unless otherwise specified in the Specific Terms).

If we become aware that the same person has been selected as a prizewinner more than once, we will draw another name.

COPYRIGHT

By entering our Competitions, and/or Rewards all entrants:

(a) assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
(b) agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Vai al Mare, its assigns, licensees and successors in title;
(c) undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same; and
(d) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.

For the avoidance of doubt, all rights in the name and title of the Competition, and/or Reward and the format rights for the Competition, and/or Reward are our sole property and we may exploit the same our absolute discretion.

TECHINICAL AND OTHER MATTERS

If for any reason any Competition, and/or Reward is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, and/or Reward, we reserve the right to cancel, terminate, modify or suspend the Competition, Reward, and/or any draw or judging related to the Competition, Reward, and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.

TERMINATION OF COMPETITION AND REWARD

We may vary the terms of, or terminate, a Competition, and/or Reward at any time at its absolute discretion without liability to any contestant or other person. We will not award the prize if the Competition, and/or Reward is terminated.

DECISIONS FINAL

All our decisions relating to the Competition, Reward, and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.

Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.

Where a Competition, and/or Reward involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.

FAILURE TO ENFORCE TERMS AND CONDITION

A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prizewinner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.

EXCLUSION OF LIABILITY

Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.

To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any Competition, and/or Reward howsoever caused, including for any costs, expenses, taxes, forfeited prizes, damages and other liabilities, provided that nothing in these General Terms shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third party provider and to any social networking site (where the Competition, and/or Reward is hosted by a social networking site).

Where a competition, and/or Reward is hosted by a social networking site, the Competition, and/or Reward is in no way sponsored, endorsed, administered by or associated with that social networking site.

By entering the Competition, and/or Reward, the entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein.

In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.

LAWS

These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of Italy (IT) subject to section 24. GOVERNING LAW and 25. DISPUTE RESOLUTION.

9. CANCELLATION AND REFUND POLICY

For whatever reason, if you are unhappy, we are unhappy. However, if you are not completely satisfied with your purchase for any reason or you do not enjoy the service and change your mind mid-way through, no-questions-asked, you can request a cancellation and refund just letting us know and we will happily refund you straight away. As with any online purchase experience, there are terms and conditions that govern our Cancellation and Refund Policy, so please see below for more information.

Our thirty (30)-day cancellation and refund policy is to allow users to learn risk free. Cancellation and refund request within the first thirty (30) days from the date of the original purchase of service. We will happily refund you straight away, and 100% money back guarantee covers price of service only. 100% money back guarantee does not cover any banking transaction fee or credit card fee, foreign currency gap or charged taxes applicable at the price due to the fact that you made the decision to purchase the service. Any cancellation and refund request beyond/after thirty (30) days time limit of purchasing the service will not be accepted and no refund will be processed. All refunds will be processed within ten-fourteen (10-14) working days after the cancellation and refund request is approved. Refunds may take one-two (1-2) billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email confirming when your refund request has been processed. We will refund you on the original credit card or debit card used by you to purchase the service. All refunds are returned via the original payment method. It is sufficient for you to send your communication concerning exercising the right to cancel before the cancellation period has expired.

You may have two ways to request a cancellation and refund: (1) contacting us at: vaialmare@outlook.com with your email address and order number; (2) and/or through by logging into your account and inside your account settings follow the steps explantion accordingly.

We reserve the right, in our sole discretion, to limit or deny cancellation and refund requests in cases where we believe there is refund abuse, including but not limited to the following:

• A significant portion of the service has been consumed or downloaded by a user before the refund was requested.
• Multiple refunds have been requested by a user for the same service.
• Excessive refunds have been requested by a user.
• Users who have their account reported, banned or service access disabled due to a violation of our Terms of Service.
• We do not grant refunds for any subscription services unless otherwise required by applicable law. These refund restrictions will be enforced to the extent permitted by applicable law.

If you have any questions concerning our cancellation and return policy or if you are unsatisfied with our services, please email us at: vaialmare@outlook.com.

10. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. – Delete the copyright or other proprietary rights notice from any Content.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

11. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site, and/or the Marketplace Offerings. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

12. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

13. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

14. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on. You will have the ability to disable the connection between your account on the Site, and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site, and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our server that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

15. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, and/or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

16. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. We have no obligation and liability whatsoever for any experience hardware, software, or other problems or need to perform maintenance related to Third-Party Websites resulting in interruptions, delays, loss, damage, inconvenience, discontinuance, or errors. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. We only use Third-Party Websites in a specific way to facilitate you to do the whole purchasing process securely, and following the required steps to do, so you have the credentials and access details to our products and services. We only use some Third-Party Websites specifically for payment purpose, payment processing platforms (Stripe and Paypal), and specifically for marketing purpose, CRM platform (Hubspot).

17. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

18. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

19. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

20. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://vaialmare.com/en/legal/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are in HubSpot server, hosted on Amazon Web Services (AWS) in the United States East region or AWS in the Germany region. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States (US) or Germany (DE), then through your continued use of the Site, you are transferring your data to the United States (US) or Germany (DE), and you agree to have your data transferred to and processed in the United States (US) or Germany (DE).

21. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Vai al Mare – Representative Office
Attn: Copyright Agent
Recife-PE
Brazil
vaialmare@outlook.com

22. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, AND/OR THE MARKETPLACE OFFERINGS, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, AND/OR THE MARKPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

23. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site, and/or the Marketplace Offerings, without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, and/or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

24. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the Italy (IT), and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Vai al Mare and yourself irrevocably consent that the courts of Italy (IT) in Mantua shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

25. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Italy (IT) courts. Vai al Mare shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business. The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

26. CORRECTIONS

There may be information on the Site, and/or the Marketplace Offerings that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

27. DISCLAIMER

All third-party websites information provided is for informational, awareness, and advertising, and is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site.

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS OF ANY THIRD-PARTY WEBSITES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR THIRD-PARTY WEBSITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVER AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR BY THIRD-PARTY WEBSITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY WEBSITES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE INFORMATION USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, OR RELIANCE ON ANY INFORMATION PROVIDED BY EXTERNAL WEBSITE INFORMATION ON THE SITE. YOUR USE OF THE THIRD-PARTY WEBSITES INFORMATION ON THE SITE AND YOUR RELIANCE ON ANY INFORMATION OF THE THIRD-PARTY WEBSITES INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY PRODUCT OR SERVICE ADVERTISED OR INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY WEBSITE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

The Site may contain and provide any kind of third-party news, insights, interviews, stories, informational, educational and promotional content, products, services and advertisements, targeting sustainable tourism, travel and hospitality on seaside and coast – primarily in the Mediterranean (Portugal, Spain, France, and Italy) and Brazilian’s Northeast (Bahia, Alagoas, Pernambuco, Rio Grande do Norte, e Ceará). The third-party news, insights, interviews, stories, informational, educational and promotional content, products, services and advertisements, all are provided to target sustainable tourism, travel and hospitality and is not a substitute for professional advices. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. THE USE OR RELIANCE OF ANY THIRD-PARTY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

28. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY WEBSITES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHATSOEVER WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD-PARTY WEBSITES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION.

29. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party websites due to or arising out of: (1) your Contributions; (2) use of the Site, and/or the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third-party websites, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30. USER DATA

We will maintain certain data that you transmit to the Site for managing the performance of the Site or the Marketplace Offerings, as well as data relating to your use of the Site, Marketplace Offerings, and/or through third-party websites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site, the Marketplace Offerings, and/or through third-party websites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. CALIFORNIA USERS AND RESIDENTS

Pursuant to California Civil Code Section § 1789.3, if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. Or for our most current contact information, please email us at: vaialmare@outlook.com.

33. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any force majeure, neither party will be responsible for any loss, damage, failure to act caused by any cause beyond our reasonable control, or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site or the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

34. CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

Vai al Mare – Representative Office
Recife-PE
Brazil
vaialmare@outlook.com