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PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Brazilian Wave Tours®. All terms & conditions of use may be changed
in the future without further notice. Your continuing use of this Site after
any such changes occurs, constitutes your acceptance of any new terms.
Further, these terms and conditions apply exclusively to your access to, and
use of, this website and do not alter in any way the terms or conditions of
any other agreement you may have with Brazilian Wave Tours products,
services or otherwise. Products &
Services
All Clients must read and sign in agreement the
Policy, Terms &
Conditions and send via fax or email to Brazilian Wave Tours acknowledging
that they have read & understood the appropriate information on departure
date (s) - the validity of prices and dates pertaining to all travel
arrangements - including: all airfares prices (plus applicable tax) and
other tour arrangements, hotels and rental car prices. All of which are
subject to availability and change without notice. Once payment is received
& confirmed by one of Brazilian Wave travel specialists prices &
reservations will be confirmed & will not be subject to change. Prices and
dates pertaining to hotel (s) & accommodation arrangements - including other
tour (s) are subject to availability and change without notice.
Note: All Clients understand, agree that prices may change depending upon
local holidays, festivities or special events - Hotel reservation payment is
not refundable during this time. Hotel reservation - Tours & ground services
must be pre-paid in full and in advance. Once payment is received &
confirmed by one of Brazilian Wave travel specialists prices & reservations
will be confirmed & will not be subject to change. For Hotels the check-in
time is generally from 12PM - 3PM & Check-out from 11:00AM to 12:00PM -
local time.
Copyright
All materials including, without limitation, the logo, design, text,
graphics, other files, and the selection and arrangement thereof are
Copyrights of Brazilian Wave Tours© 2007 All Rights Reserved. Except as
otherwise stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior written
consent Brazilian wave Tours or the respective copyright owner(s).
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, noncommercial and informational use
only; provided that you may not, without the permission of Brazilian Wave Tours or the
respective copyright owner(s), (a) copy, publish or post any materials on
any computer network or broadcast or publications media, (b) modify the
materials or (c) remove or alter any copyright or other proprietary notices
contained in the materials.
Trademarks
All logos, products and services described in this Site, including but not
limited to Brazilian Wave Tours without limitation are trademarks or registered trademarks
of Brazilian Wave Tours and/or its suppliers and licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Brazilian Wave Tours
and/or its suppliers and licensors. In addition, all page headers, custom
graphics, button icons and scripts are service marks, trademarks and/or
trade dressed of Brazilian Wave Tours, and may not be copied, imitated or used, in whole or
in part, without the prior written permission of Brazilian Wave Tours and/or its suppliers
and licensors.
Intellectual Property Infringement Policy
It is Brazilian Wave Tours' policy to respect the copyright and intellectual property
rights of others. If you believe that Brazilian Wave Tours or any user of our Site has
infringed your copyright in any material way, please notify Brazilian Wave Tours, and
provide the following information:
A physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest.
An identification of the copyrighted work claimed to have been infringed.
An identification of the material that you claim is infringing so that we
may locate it on the Site.
Your address, telephone number and email address.
A statement that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law.
A statement by you that the above information in your Notice is accurate,
made under penalty of perjury, and that you are authorized to act on behalf
of the owner of the copyright interest involved.
You can forward the following to Brazilian Wave Tours at:
www.brazilianwavetours.com
Licenses and Site Access
Brazilian Wave Tours grants you a limited license to make personal use of this Site only.
Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and use of
any product listings or descriptions; (c) making derivative uses of the Site
and its contents; or (d) use of any data mining, robots or similar data
gathering and extraction methods, except as noted above, you are not
conveyed any right or license by implication, estoppels or otherwise in or
under any patent, trademark, copyright or proprietary right of Brazilian Wave Tours or any
third party.
You may not use, frame or utilize framing techniques to enclose any Brazilian Wave Tours
trademark, logo or other proprietary information (including the images found
at this Site, the content of any text or the layout/design of any page or
form contained on a page) without Brazilian Wave Tours' expressed written consent. Further,
you may not use any Meta tags or any other "hidden text" utilizing a Brazilian Wave Tours
name, trademark or product name without Brazilian Wave Tours' express written consent.
Linking
You are granted a limited; nonexclusive right to create a hyperlink to this
Site provided such link does not portray Brazilian Wave Tours or any of its products and
services in a false, misleading, derogatory or otherwise defamatory manner.
You may not use a Brazilian Wave Tours logo or other proprietary graphics or trademarks of
Brazilian Wave Tours to link to this Site without the express written permission of Brazilian Wave Tours.
This limited right may be revoked at any time.
Brazilian Wave Tours makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of the Site
accessible by any link, including but not limited to hyper links, button
links and pictures links, from this Site, or another web-site linking to
this Site. Links to web-sites are not under the control of Brazilian Wave Tours and Brazilian Wave Tours is
not responsible for the content of any linked web-site or any link contained
in a linked web-site, or any review, changes or updates to such web-sites.
Brazilian Wave Tours is providing these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or adoption by
Brazilian Wave Tours of the web-site or any information contained therein. When leaving the
Brazilian Wave Tours Site, you should be aware that Brazilian Wave Tours' terms and policies no longer
govern, and therefore you should review the applicable terms and condition
policies, including privacy and data-gathering practices of that web-site.
User Conduct
In using this Site, you agree:
Not to disrupt or interfere with the security of, or otherwise abuse the
Site or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked
web-sites; not to disrupt or interfere with any other user's enjoyment of
the Site or affiliated or linked web-sites; not to upload, post or otherwise
transmit through or on this Site any viruses or other harmful, disruptive or
destructive files; not to use or attempt to use another's account, service
or system without authorization from Brazilian Wave Tours, or create or use a false identity
on this Site; not to transmit through or on this Site spam, chain letters,
junk mail or any other type of unsolicited mass email to people or entities
who have not agreed to be part of such mailings; and not to attempt to
obtain unauthorized access to the Site or portions of the Site that are
restricted from general access.
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that you
will comply with all applicable local, state, national and international
laws and regulations, including but not limited to United States export
restrictions, that relate to your use of or activities on this Site.
Indemnification
You agree to indemnify and hold harmless Brazilian Wave Tours from any claim, action,
demand, loss or damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your conduct, your violation of
these terms and conditions, or your violation of any rights of a third
party.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of email or
submissions to Brazilian Wave Tours, or postings on this Site, are non-confidential and
shall become the sole property of Brazilian Wave Tours. Brazilian Wave Tours shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. The submission of
any materials to Brazilian Wave Tours, including the posting of materials to any forum or
interactive area, irrevocably waives any and all "moral rights" in such
materials, including the rights of paternity and integrity.
Disclaimer of Warranties
By accessing this Site and any pages linked hereto, you understand and agree
that this Site and the information, products, services and materials
available through it are provided on an "AS-IS" and "AS-AVAILABLE" basis.
You expressly agree that use of this Site is at your sole risk.
Pursuant to the fullest permissible extent to applicable law, Brazilian Wave Tours and its
affiliates disclaim all warranties of any kind, either expressed or implied,
including but not limited to any warranties of title, or implied warranties
of merchantability or fitness for a particular purpose. No oral or written
information provided by Brazilian Wave Tours or its affiliates, officers, directors,
employees, agents, providers, merchants, sponsors, licensors or the like,
shall create a warranty; nor shall you rely on any such information or
advice.
You expressly agree that use of this Site, including all Content, Data and
Software distributed By, Downloaded or Accessed from or through this Site is
at your sole risk and thereby acknowledge that you will be solely
responsible for any damages which may occur to any computer which was used
to access this Site or connected through a network of computers which
accessed this Site.
You hereby acknowledge that Brazilian Wave Tours does not control in any respect, any
services, products or information offered by third parties on or through
this Site, except as otherwise denoted. Brazilian Wave Tours and its Affiliates assume no
responsibility for and make no warranty, or representation as to the
accuracy, currency, completeness, reliability or usefulness of the Products,
Services or Content provided by, distributed by or made available by Third
Parties through this Site.
Brazilian Wave Tours does not make any warranty that this Site or its content will meet your
requirement or that this Site and all its content within will be secure or
error free or that defects, if any, will be corrected. Brazilian Wave Tours does not
represent or warrant that materials in this Site or information provided by
Brazilian Wave Tours via email or other means are accurate, complete, current and reliable
or error free, nor does Brazilian Wave Tours make warranty as to the results that may be
obtained from the use of Brazilian Wave Tours or its content or as to the accuracy,
completeness, or reliability of any information obtained through use of this
Site.
Brazilian Wave Tours assumes no responsibility for any damages suffered by a User, including
but not limited to, the loss of data, delays, non-deliveries or
miss-deliveries of content or email, errors, system down time, network or
system outages, file corruption or service interruptions caused by the
negligence of Brazilian Wave Tours, its affiliates, its licensors or a users own errors
and/or omissions.
Brazilian Wave Tours disclaims any warranty or representation that confidentiality or
information transmitted through this web-sites will be maintained. Some
states do not permit the limitation or exclusion of certain warranties or
conditions, so some of the above exclusions may not apply to you.
Limitation on Liability
Under no circumstances, including without limitation of negligence shall
Brazilian Wave Tours or its parents, subsidiaries, affiliates, officers, directors,
employees, agents, suppliers or any other party involved in creating,
producing, transmitting or distributing Brazilian Wave Tours or related services be liable
for any indirect, incidental, special or consequential damages arising from
or in connection with the use or inability to use Brazilian Wave Tours or any content
provided by or through this Site or resulting from unauthorized access to or
alteration of your transmissions or data or other information that is sent
or received, including but not limited to damages for lost profits, use,
data or other intangibles, even if Brazilian Wave Tours has been advised of the possibility
of such damages.
Some jurisdictions do not allow the limitation or exclusion of Liability for
incidental or consequential damages, so some of the above may not apply to
you. In such jurisdictions, Liability is limited to the fullest extent
Permitted by Law.
Applicable Law
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of Florida, without
resort to its conflict of law provisions. You agree that any action at law
or in equity arising out of or relating to these terms and conditions shall
be filed only in the respective Superior Court of County(s) for Broward
County, Florida, or Clark County, or the United States District Court
for the District of Florida, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such
courts over any suit, action or proceeding arising out of these terms and
conditions.
Termination
Notwithstanding, any of the terms and conditions here within, Brazilian Wave Tours reserves
the right to terminate your license to use this Site without notice and in
its sole discretion may block or prevent your future access to and use of
this Site.
Severability
If any provision of these terms and conditions shall be deemed unlawful,
voided or for any reason unenforceable, then the provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions. |