User Agreement

Last update: 07/22/2009

I. PRESENTATION

TibiaSpace is a service supplied by:
Boacompra LTDA
CNPJ: 06.375.668/0001-08

The present Agreement of Usage establishes the obligatory terms, which will govern the legal relationship between the TibiaSpace site and its associates (hereinafter referred to as “the Member” or “Members”).

The present Agreement of Usage is a contract, even though it is signed by electronic means has legal force and is legally valid, in accordance with the civil legislation now in force (clauses 422 and 425 of the Civil Code, Law nº 10.406/2002).

The objective of this contract is to ensure putting into effect a policy of transparency, privacy and safety for both parties involved, permitting the best use of the site by its Members.

On accessing and registering with the TibiaSpace site, you must read and be in agreement with the terms of the Agreement of Usage, which may be updated, in order to be in accordance with current legislation. Members will be informed of any alteration in this Agreement of Usage, either by e-mail or by highlighted ads on our page.

On contracting the services of TibiaSpace, you will be bound by certain obligations, which are detailed below and should any of these be violated at any time, this contract will be automatically rescinded and may incur eventual legal measures, in the case of any loss on the part of the service provider, and/or third parties.

Members may have access to the present Agreement of Usage, at any time, by accessing http://www.tibiaspace.com/terms

Members can also save the present instrument by proceeding as follows: on any page of this site, access the “agreement of usage” link, located at the end of the page, then access the “save as” (or similar) option to be found on your browser menu, or if it is preferable, Members can print the present agreement for future consultation or to register the contract signed between both parties.

After carefully reading the contents of this contract, indicate your agreement with the terms in the acceptance box. If you are in agreement with the terms of the services offered on the Agreement of Usage, mark the corresponding option.

If the terms are acceptable, the duties and standards here transcribed will be considered as read and must therefore become obligatory. From the moment the services offered on this site are put to use, acceptance of this Term will be ratified, indicating that the Member has read and is in agreement with the clauses of this term.

II. UTILITY SERVICES (ASSOCIATION)

TibiaSpace offers dating services on the Internet, which may be used for people to get to know each other and engage in any type of relationship.

The offer of virtual services is not subject to any type of prior authorization since it is supplied by electronic means.

TibiaSpace uses objective criteria and techniques to match similar profiles which must in no way be discriminating in relation to sexual preferences, nor options, nor of race, creed nor age of its Members.

The site is responsible for the services it offers to its Members, although it is not held responsible for contacts and/or meetings, which may originate through its services and is equally not responsible for any occurrence brought about by a third party.

TibiaSpace services will only be offered when the site is on the air and available for access. If access to the site is temporarily interrupted due to maintenance or for any other reason, services will be automatically interrupted.

If any new service should be added to the TibiaSpace site, it will be included in the present Term of Usage, and the same rules will automatically apply.

Members acknowledge and agree that service is supplied by the TibiaSpace site through access to the World Wide Web by means of its own directives and Members are therefore responsible for the necessary technical equipment such as computers, modems, etc., as well as the Internet access provider.

This agreement will come into force immediately when both contracting parties are in agreement with the terms of this contract celebrated by e-mail. Such agreement will always be considered as unmistakable.

On registering with TibiaSpace, Members will automatically receive confirmation of their application by e-mail registered on this site.

When registering as a Vip, confirmation of your application will likewise be sent to the e-mail address provided on the act of registration, including confirmation of the plan chosen and the period contracted.

If Members verify any incorrect data, they should access the “Edit my profile” space on the site and rectify it accordingly at any given moment.

Members who currently are or were Vip or free members at any moment during their period of use of the TibiaSpace services will not have their profiles deleted from the website’s database, even if they do not access them for extended periods of time. During the period in which the Member is not using the site, his or her profile will remain inactive, and will not be visible to searches made by other Members. An inactive Vip or free Member profile may be reactivated at any time. To reactivate it, all the Member must do is access his or her profile.

TibiaSpace reserves the right to automatically delete any message in its users’ inboxes 180 days after it was sent or received.

Payment of services contracted will be made by credit card.

TibiaSpace offers the following services:

Free Member:
After completing the registration form, he will have access to most of the resources on the site, and be able to send scraps. The Member will be able to check or edit his profile data at any time, in the “Edit my profile” area. As a free member, the Member must give and maintain some personal data in his profile, and have a valid e-mail account.
Look all resources of a free member:
http://www.tibiaspace.com/vip

Vip Member:
Vip Members have special privileges. To continue as a Vip Member, Members will pay an amount periodically, which may vary according to the plan selected. These amounts may suffer readjustments throughout the year. After becoming a Vip Member, the cancellation of your PLAN renewal will mean that you do not wish to extend the contract once its term has expired. However, the member will remain active in the VIP category until the end of the period underway.

Payment of the Gold Plan may be made through American Express, Visa, Master and Diners credit cards or by means of direct debit to a current account to any associated banks.
Look all resources of a Vip member:
http://www.tibiaspace.com/vip

III. MEMBERSHIP

Members of the TibiaSpace site commit themselves to supply true, precise, complete and up-to-date personal data during the registration proceedings, profile registration and payment of the amount agreed, as well as keeping information updated given on the act of registration.

When visiting any page on the Internet, the URL or IP (Internet Protocol), the date and time, are automatically recorded, as well as the software used.

The data referred to is to enable TibiaSpace to keep a detailed registration of the accounts of Members, helping them in the choice of promotions, products and services, which will make the site more useful to them.

TibiaSpace will be able to supply an aggregate of statistical data on purchases, consumer profile and browsing patterns to competent third parties.

When joining the site, Members may voluntarily supply personal data through surveys, research, promotions and questionnaires offered by TibiaSpace, alone or together with third parties.

Such personal data, voluntarily given to our Members, through answers to surveys, researches, questionnaires and registrations, will be used solely to improve the wide range of information possessed by TibiaSpace on its on-line services, and will be held in strict confidence.

TibiaSpace can make an agreement with other companies for special offers, promotions and/or subscriptions. In this case, TibiaSpace demands that its partners and/or affiliates include the information on the privacy policy in their offers and promotions.

All non-confidential information on Members passed on to TibiaSpace partners and/or affiliates will obey that which is established in this Agreement and those who violate what is hereby stated, will be held legally responsible. Non-confidential information is understood as that contained in the Members’ profile and is available for access to third parties.

The e-mail address given on the act of registration will be used solely for purposes authorized by Members, as well as to clarify any doubts or to send information and services about the site to Members.

On the act of filling out their profile on joining the site, Members authorize some of this data to be made available to any TibiaSpace Member. You may remove your data from our site at any time by accessing the “Remove Profile” link on the “My Account” space.. You will be held entirely responsible for passing on any of your data to third parties or to any other TibiaSpace Members.

To give false information or to use information supplied by third parties is considered a criminal offence according to the Brazilian Penal Code. If any damage or loss to third parties or to TibiaSpace itself should occur due to any illegal practice on the part of its Members, they will be held responsible for the respective loss and damage.

Under these circumstances, TibiaSpace reserves the right to end the membership immediately it is made aware of any fraudulence or act of bad faith committed by the Member, who can be prohibited to further use of the services offered by the site.

Should there be any suspicion or strong indications as to the wrongful use of the site services by any Member, TibiaSpace may remove the profile from the air, temporarily or definitively, by means of prior notification transmitted by e-mail, as well as refuse re-registration of the Member who has violated any of the clauses contained in this agreement.

Having completed the registration process, Members should choose a password, and are held solely responsible for the password chosen and for maintaining its confidentiality.

Members commit themselves to notify the TibiaSpace site regarding any unauthorized use of their password or account as well as any breach of security that may occur.

In the event of promotions and special plans in which Members may be benefited with a free service period, standardized discounts or other offers, the Associate will be notified via e-mail and/or informed by highlighted ads on the “my space” place or on the TibiaSpace site itself. The terms for promotions will be available to be accessed in a highlighted location.

IV. ON THE USER’S PROFILE USAGE REPEAL OR CANCELLATION (or of the Account / Membership)

Your membership may be rescinded at any time, for any reason. All you have to do is access the site using your nickname and password and click on “Delete Profile".

ATTENTION: Profiles can only cancelled via “Edit my profile.” TibiaSpace will not cancel any Profile, even upon request via e-mail, since your personal password must be provided in order for the cancellation to be performed.

This usage agreement may be rescinded or suspended, without previous notification, by TibiaSpace in the event any of the terms set forth by this agreement is breached, pursuant to article 474, first part, of the Civil Code. Although not legally required to do so, TibiaSpace will communicate the Member regarding such rescission or suspension via e-mail.

If this agreement is rescinded due to the member having breached any of the terms set forth herein, ParPerfeito will not reimburse any value such member for any value he/she has already paid.

V. PRIVACY AND SECURITY POLICY

TibiaSpace possesses a policy of privacy and security aimed at protecting its Members against the undue use of personal information by third parties.

TibiaSpace will not sell or share its personal information with third parties. Only through express authorization or by means of legal authorization can this information be disclosed to the demanding authority. If Members make any personal information included in the TibiaSpace site available to a third party, it is their entire responsibility as to the use made of this information.

In order to guarantee security, it is advisable that you alter your personal password periodically, when accessing your profile and that you do not disclose it to third parties.

Whenever TibiaSpace deems it necessary, it will request your personal password in order to carry out certain services or to unblock the system.

If a Member should forget his/her password, TibiaSpace will send it to the e-mail address given upon registration. If any alteration occurs in TibiaSpace’s security policy, Members will be informed either by e-mail or by means of highlighted notices on our page.

VI. SECURITY POLICY

TibiaSpace uses the highest and most adequate technology available on the market to guarantee the security and protection of your data against access by unauthorized persons, or its improper use.

Your personal password is confidential and cryptographed, guaranteeing secrecy. Only by means of your personal password will you be able to alter your personal data.
We advise you to use a sequence of numbers or letters that will not directly identify you.

The data supplied to us, which is strictly confidential, such as your credit card number, is not stored in a server directly connected with the Internet.

Any commercial transaction dealing with payment and billing, is cryptographed before the transmission of data between TibiaSpace and the bank.

The TibiaSpace site seeks to offer premium service and, for such, is based on the country’s prevailing legislation, trusting in the good faith of its Members for services rendered.

TibiaSpace can review the terms of this Agreement of Usage, as well as add new regulations or directives at any time, and Members will be informed of these alterations by means of ads on the site itself or by e-mail.

TibiaSpace revises all contents disclosed on the site, and can remove information included by Members who may not be in agreement with the contractual clauses contained in this Agreement or with the legal system in force. It can also reject any profile, text or photograph which may disregard the requirements contained in this contract.

TibiaSpace can edit or modify the content of any profile registered by its Members when any reference is made regarding e-mail addresses, URLs, language of an offensive nature or in defense of the use of illegal practices. This also applies to any contents giving information that may identify the holder or may make an attempt against the law, ethics and good conduct

TibiaSpace will not be held responsible for dating and/or relationships between its members arising from its services. In the event of being sued for any act committed by its Members, TibiaSpace reserves the right to recover the amount spent in legal expenses against whosoever originated the suit, exercising its right of return.

TibiaSpace is not responsible and cannot be held responsible for any access to information supplied by any of its Members for use by third parties, such as passwords, nicknames or any other similar information.

VII. COOKIES

By this present Agreement, Members expressly authorize TibiaSpace to make use of resources such as, but not limited to, “cookies”, in order to offer a better and more personalized service.

Cookies represent a small quantity of data usually including a single anonymous I.D. sent to you by a web site and saved on your computer disc.

Members may set their browser to accept all cookies, reject them or be notified when a cookie is sent.

As each browser does this in a different manner, check the help tools on your browser to find out how to modify your cookie preferences.

N.B.: If a Member chooses to reject all the cookies in the browser, he/she will be unable to use all the resources and services offered by TibiaSpace.

TibiaSpace uses its own cookies for various purposes, such as:

· To check information on access, in order to make personalized contents available;

· Offer ads on your profile;

· Estimate user traffic;
Conduct researches and surveys to improve ParPeifeito content and services. TibiaSpace permits other publicity companies who offer services or transmit ads through its services, to place and have access to cookies on their computer. These companies are entirely responsible for the use of cookies as established in their own privacy policies and not in the present one.

Advertising or other companies do not have access to TibiaSpace cookies.

VIII. MEMBER OBLIGATIONS

Members are responsible for all their personal information transmitted to the TibiaSpace site. Members should supply correct, exact, precise and updated personal data. Each member is personally responsible for the personal data supplied.

TibiaSpace is not held responsible for the veracity of the information given by its Members.

Supplying false information is considered a crime of false ideology according to clause nº 29 of the Penal Code, and is subject to a sentence of between one to three years imprisonment in addition to a fine.

Any false information submitted by Members gives TibiaSpace the right to remove their profile from the air, without prior notice, either temporarily, during the time deemed necessary by TibiaSpace to clarify the situation, or definitively, at the exclusive discretion of TibiaSpace, for reasons of violation of the terms of this Agreement.

Damages caused by the use of false information to third parties by Members, will subject the latter to the penalties of the law, as well as to the right of recourse by TibiaSpace.

Members may only access services supplied by the site for the purpose of establishing contacts for personal relationships.

Members cannot disclose contents of a racist or prejudicial nature in their profile nor can they violate the rights of children and adolescents; disclose, transmit or make available any content belonging to others, which may violate third party copyright or image rights, send any message which may contain a virus, or disseminate ideas of a pedophiliac, discriminating, defamatory, abusive, profane, offensive or illegal nature.

Members cannot make use of advertising, discuss political opinions or request any other member or third party to act in their name, unless by proxy.

Members cannot use a third party to achieve any action, purchase, sale or cancellation of products or services through the site, nor any other form of communication offered by TibiaSpace.

Members cannot transmit chain letters or spam to other Members.

Members cannot use the site to disclose any form of illegal or abusive practice, which may cause damage or loss to third parties.

Members cannot include any personal identification data in their profile, such as references or sexual suggestions, including language of an offensive nature.

Members are obligated to maintain confidentiality regarding personal information about other Members with whom they may have relationships, acquired through TibiaSpace and are forbidden to disclose it under any circumstances.

Members will keep all information confidential supplied by TibiaSpace and are not authorized to assign or disclose them without the express permission of TibiaSpace.

Members are wholly responsible for the contents of messages exchanged between other TibiaSpace Members. .

Members cannot violate any legal rules present in the Brazilian and International system, whether intentionally or not, nor declare lack of knowledge of the standard clauses in force.

Members cannot intervene in the transmission system of TibiaSpace, nor copy, reproduce, duplicate or make use of the site’s contents for any purpose and will be held responsible for any illegal practices committed with this intent.

If there is any violation of any of these clauses or any other included in the present Agreement of Usage, TibiaSpace can at its own discretion alter or eliminate the contents of the profile.

IX. PROFILE OF A MEMBER

The profile of a Member is individual, personalized and nontransferable.

The Member can only use their registered profile for personal.

Any violation of this clause will cause immediate suspension of the profile, which will only be restored if the above conditions are met with.

TibiaSpace points out that the services it offers are aimed at meeting and respecting morals and good behavior and is not responsible for any acts of its users which might violate the rules of behavior established by this Agreement.

The Member cannot include in profiles sexual references or suggestions, as well as any offensive language. The Member who wishes to do so, may inform these details in chats or e-mails to other Members, but cannot disclose them publicly through their own personal profile.

Any violation of the above will cause the profile to be removed automatically from the air, with the purpose of preserving personal data of the Member. The profile will be restored immediately after exclusion of the (undesired) data from his/her profile.

X. VENUE: CONSUMERS COURT

In accordance with the legislation in force, the area of jurisdiction for court settlements of any eventual controversies, which may develop from this contract, will be the responsibility of the consumer.

XI. COPYRIGHT AND IMPROPER USE OF THE SITE

TibiaSpace. owns and retains all brand, title and service rights offered through its site and does not authorize reproduction, transmission, exploitation or other usage, whether commercial or personal of any content of this site.

Exploitation, transmission, total or partial reproduction of the site’s contents or its improper usage will subject the transgressor to legal penalties.

XII. PHOTOGRAPHS AND MATERIAL ENCLOSED

The Member cannot make use of any photographs except for their own in their personal profile, at the risk of committing the crime of false ideology, according to clause nº 299 of the Penal Code

The sending of files and/or material enclosed will undergo careful analysis by a TibiaSpace team, who are entitled to refuse images which may not meet with the standards established by the site.

Each Member is fully responsible for all material or files transmitted to another Member by e-mail.

Photographs should be clear, up-to-date and in good condition. They cannot show people nude or semi-nude, or any sort of exposure of intimate parts of the body in pornographic poses or performing illegal activities. Extra photos can contain third parties, besides the Member.

The Member may not copy, reproduce, transmit, distribute, post, exploit or in any way transfer any TibiaSpace material in any format, virtual or otherwise, for personal use and/or for commercial purposes.

All photographs and images submitted to TibiaSpace become the exclusive property of this site. The Member agrees to give up all image rights related to these photographs.

XIII. LINKS

TibiaSpace may, eventually, have access links to other partner sites and/or affiliates or resources on the Internet. If a Member enters another site, the legal relationships arising from this does not include TibiaSpace, only Members and the site accessed are involved.

XIV. FINAL CLAUSES

This Agreement will be determined by Brazilian law and is in accordance with the Brazilian legal system and to legal principles and International policies concerning electronic commerce.

If any Member does not agree to a specific clause of this Agreement, and legally obtains annulment of the same, other devices will not be affected and will remain in force.