General Terms and Conditions of Use
Introduction
One party, a corporate entity duly operating with the corporate objective of online commercial and advertising at YPG MARKETING E PUBLICIDADE LTDA, headquartered at Praça Santo Agostinho, 70, room 33, São Paulo – SP, enrolled in the National Register of Legal Entities (CNPJ): 11.446.104/0001-40, is the owner of the website at the electronic address: HTTP://www.ypglobal.net, including all the sub domains of the mentioned website and any deriving, substituting, similar website or URL, or website located during the period, which displays free commercial information of companies in the business model, in several markets and languages worldwide, with the respective domains and brands, hereinafter referred to as YPG;
Another party, an individual or entity, enrolled with public information, available for free consultation and access at the website www.ypglobal.net, at optional and voluntary traffic warranty (views) to the trade site (business link on the website) - YPG own space on the platform for the publishing trade information of the client company, in Internet formats, hereinafter referred to as CONTRACTING PARTY
Filling out the registration form on the portal YPGlobal.net implies fully reading and agreeing to terms herein for using the site, by the individual or entity, CONTRACTING PARTY, thus addressing complete and total acceptance of this agreement, the obliging the CONTRACTING PARTY to all the clauses, which shall be priority over any other version and the current customer purchase or other terms.
Article 1 - Objective
1.1. YPGlobal.net is a service providing website, which promotes the marketing of companies, professional profiles and advertisement through internet with the objective of attracting purchasing, sales and creating business opportunities.
1.2. YPGlobal.net works similarly to the newspaper classifieds, but with internet advantages that can reach a greater amount of costumers.
1.3. Online registration or via printed form made by an individual or entity, ADVERTISER, requires complete and total acceptance of this agreement, which precedes any other version and the proper customer purchase or other terms.
1.4. YPG is entitled to check the contents before publishing the advertising and may correct possible language or grammar errors of the text provided by the ADVERTISER, and not liable for such.
1.5. YPG may refuse any request or publication of a notice and/or a link to a site with content that can be ruled contrary to the operational regulations, particularly regarding public order, accepted standards of behavior, lawful content, morality, antitrust law , trademarks and advertising. At any time, without prior notice, at its sole discretion or upon request of a third party, YPG may withdraw an advertisement from its site and/or delete a link in an ad that directly or indirectly leads to a site with content that can be ruled contrary to the operational regulations, particularly regarding public order, accepted standards of behavior, lawful content, morality, competition law, trademarks and advertising, in which case the YPG may not be held responsible
Article 2 – Publishing
2.1. The CONTRACTING PARTY is liable for the including and the accuracy of all information required for publishing. Such information - content required for publishing - will be available online or offline, complete and validated exclusively by the CONTRACTING PARTY. The logo (design) as well as other business information supplied electronically by the CONTRACTING must fit the technical requirements of YPG and correspond to the truth, under full responsibility of the HIRING PARTY.
2.2. Due to the type of electronic composition, publication shall be streamlined with the standards established by YPG ensuring that any cuts, adjustments and restrictions shall be acceptable. YPG ensures that certain files are made by internal storage systems and/or displayed on computer media, acting as evidence of profile publication.
2.3. YPG undertakes to publish the actual profile of the CONTRACTING company, providing on its platform the necessary and sufficient environment to record and submit all the proposed content; the publishing environment by the HIRING PARTY shall be totally free of charge. Since it is free of charge, YPG is entitled to manage the publication of information, at no penalties or claims by the HIRING PARTY regarding rights of publication of its respective profile.
Article 3 – Service Use
3.1. The user may freely browse through the pages of the website to conduct any query about the content that the website has in its database, and register the professional or company profile and may also joint a plan to guarantee traffic or feature.
3.2. No a percentage or commission shall be charged on the business conducted or completed through the YPGlobal.net portal, between buyers and sellers.
3.3. The HIRING PARTY shall be published on the YPG according to the data and fields of the registration form
Article 4 – Visiting Purchases
4.1. YPG offers purchasing opportunities by the HIRING PARTIES, visit plans are guaranteed (views) by the HIRING PARTY company's trade site, whereas limited to a volume of visits to which a specific amount shall be set issuing a bill for the hired amount.
4.1.1. The flow of hiring and reports of services, which have legal status, are available on the site logged by the client, named: My Account”
4.1.2. The amounts and quantities of visits are available on the same site logged on, pursuant to the plans submitted, to which the HIRING PARTY expressly and fully agrees.
4.2. The HIRING PARTY who hires services of traffic plans, shall be entitled, at no limited period, to receive the number of visits hired on its trade site through the effective payment and completing the profile with all relevant information, which are: photo(s), video(s), logo, institutional text, company information, product information, website URL, purchasing and selling opportunities, plus all the personal details of the HIRING PARTY .
4.3. YPG shall notify the HIRING PARTY of the actual number of visits to the site under the terms of the agreement on the local website named "My Account" for which the HIRING PARTY shall be liable, through the login and password provided together with the company records, to maintain the account information, as well as replacing and/or continuous update of the products, photos, videos, and contacts: URL of the website, phone, email, etc.
4.4. YPG is entitled to charge for any matter relating to specific advertising profile data requested by the HIRING PARTY in the areas suitable for such purpose, such as banners and advertising. Such advertisements shall follow specific standards for broadcasting platform and shall be attended within 5 (five days) after they are hired. If the services require translation, this period shall be 30 (thirty) business days.
4.5. YPG, as the party liable for maintaining the portal, may refuse to attend any request or publish a profile and/or link to a site with content that can be ruled contrary to the operational regulations, particularly regarding public order or accepted standards of behavior , lawful content, morality, competition law, trademarks and advertising at any time, without notice, at its own initiative or at the request of a third party, in which YPG may not be held responsible.
Article 5 – Price and Payment Terms
5.1. The costs of guaranteed traffic plans offered by YPG shall be divided into modules, according to the number of visits for each plan, as well as customized modules. The total amount of hired visit plan shall be highlighted at the last stage of online registry of the customer or in specific form hired through sales consultants.
5.2. The invoice will be issued on the same date that the service is hired online and paid according to the conditions and terms of payment offered by YPG, specified in the request by the HIRING PARTY. In any hiring situation, payment is in advance. Payment by installments shall be granted by credit card and/or other types of loans.
5.3. YPG is free to, solely decide not to publish and/or delay publishing of the profile on the website of YPG, and/or suspend the hiring plan of visitation for lack of content, regardless of payment through specific notification, pending the release of visiting campaigns.
5.4. The guaranteed visiting plan purchased may be renewed at any time by acquiring new visiting plans at the discretion of HIRING PARTY.
Article 6 – General Provisions about publishing purchase and Sales
6.1. The publications shall be effective on the platform in any of the countries covered by the YPGlobal.net website or in all of them.
6.2. This agreement guaranteeing number of visits on the trade site published by the HIRING PARTY in any of the sites under the domain of www.ypglobal.net has no limited period, and YPG undertakes to promote only the number of visits of the hired plan.
6.3. The contracting company may remove its publication at any time, at its sole discretion, at no penalties, by simply accessing the restricted are in "My Account", choosing to remove the profile of the business website.
6.4. When the contracting company chooses to remove the publication of its respective business website from YPGlobal.net, it shall not be entitled to compensation or return of any amount invested to purchase visits or other services offered at the site and hired by the HIRING PARTY . Waiving immediately any compensation or refund whatsoever.
Article 7 – Liabilities
7.1. The HIRING PARTY undertakes full and complete responsibility for the information contained in the publications of its respective companies, information provided at the time of registration in the logged and completed site named "My Account" and the category chosen where the information shall be displayed of the respective company.
7.2. The HIRING PARTY shall solely bear all and any claims and complaints arising regarding the content of its profile or page on the business website, exempting YPG from any responsibility for the content.
7.3. The HIRING PARTY undertakes full and complete responsibility for the information contained in its own sites and/or related sites or pages, as absolute, when the links to these sites or portal pages are published at YPG’s site.
7.4. Such errors or missing information shall not cancel the request, whereas the HIRING PARTY is required to comply with any charges arising from this agreement.
7.5. The YPG is entitled to disapprove and cancel, at its sole discretion, any business or profile page with content reported or investigated as an insult to any principle embodied in this agreement or practice listed in the market, namely: lawful content, free of any bias, not violating third party copyrights, among other allegations.
7.6. As to presentation and operation of websites under the YPGlobal.net domain, YPG shall be directly, indirectly and jointly liable to its hosting servers in case of incidents or breakdowns of service that may arise from malfunctions of their sites, or associated sites or versions in other languages, resulting from the operation and management of YPG. YPG's liability will be limited according to the charges paid by the HIRING PARTY and in accordance with the services that integrate their operations.
7.7. YPG's liability for the availability of services in the YPGlobal.net website is limited to operations that YPG manages and has full control over the process except for any possible problem that may occur as a result of hosting services, "host" or failure of such to which the companies hired shall be held liable for directly to the YPG for providing such services.
7.8. YPG is entitled to incorporate, optimize, boost functionality, layout, browsing direction inside the portal, as well as any other available mechanisms for the incorporation of technology without prior notice or request consent of the HIRING PARTY, having full power to act to optimize the website and all its domains.
7.9. YPG, by virtue of its global presence, shall not be liable for any damages that may be caused by loss of content of pages for hosting service, delays (any type), non-transmission, transmission loss or interruption of services caused by the negligence of the companies involved in the process or errors and omissions of the HIRING PARTY, failure of performance, interruption, delegation, defect, delay in operation or transmission, communications line failure caused by the access telecommunications service provider, theft or destruction by any unauthorized access, alteration or use of recordings and is not responsible even for confidential information sent by e-mail. The use of any information obtained from YPG does not exempt the HIRING PARTY to undertake responsibility for the accuracy or quality of any information obtained through its services.
7.10. YPG shall not be responsible for fraud involving users of its search engine as well as that of the Contracting Company, limiting the publication of the profile properties, not involving directly or indirectly in the negotiation of products and/or services between the parties.
7.11. The HIRING PARTY shall be directly liable for all services, products and other information provided on its page on the business website on YPGlobal.net.
7.12. The HIRING PARTY shall be directly and exclusively liable for all negotiations that occur with its respective company, brokering the Parties through the YPGlobal.net website.
Article 8 – Intellectual Property
8.1. Under the terms of this agreement, the HIRING PARTY expressly authorizes YPG to fix, reproduce, transfer, modify and adapt elements protected by intellectual property rights such as trademarks and logos, sent to YPG by any means and in any format, whether digital or printed.
8.2. The HIRING PARTY declares to hold all the necessary ownership rights of the items referred to in the paragraph above, exempting YPG, against claims or lawsuits from third parties claiming such rights.
Article 9 – Personal Information
9.1. Individuals have the right to inform, access, correct and replace their personal information included in YPGlobal.net website and pages. These rights may be exercised by e-mail to the mailbox: info@ypglobal.net or via mail to the address: Avenida Brigadeiro Luiz Antonio, 580, Cj. 62 CEP 01318-000 São Paulo/SP, Brazil. In the absence of hindrance by the HIRING PARTY, YPG is entitled to use and/or communicate the information published on the website of the HIRING PARTY to third parties.
Article 10 – Transference / Invalidity
10.1 This contract is strictly personal and may not be transferred binding the mentioned HIRING PARTY who shall use it exclusively for its company, brand, products or services, as described in the profile application form. The HIRING PARTY may not, under any circumstances, transfer the benefit of this contract without the express prior consent of YPG. In the case of authorized transfer, the HIRING PARTY undertakes to ensure that its successor shall comply with the liabilities as guarantor of those remaining, towards YPG.
10.2. In no event the inapplicability of the terms expressed above shall be acknowledged, whereas not affecting the application of other provisions of this agreement.
10.3 Neither the HIRING PARTY nor YPG will be responsible for non-performance caused by force majeure beyond their reach
Article 11 – Competence
11.1 In case of any claim arising under this agreement, the parties undertake to seek first a friendly solution. In case there is no settlement, the parties choose the court of the district of São Paulo to settle litigations thereof.
Article 12 – Applicable Law
12.1. The General Terms herein are subject to Brazilian law. In the case of translating this agreement into another language, the Portuguese version shall prevail over all others.