TERMS & CONDITIONS
Please read carefully our Terms & conditions
Welcome to www.niiar.com (together with its Content, the "Site"). Please read the following Terms & Conditions ("Terms") carefully before using this Site, so that you ("You" or "Your") are aware of Your legal rights and obligations with respect to Brokers XP Sal, a company operating under its trademark NIIAR , which together with its affiliates and subsidiaries (individually and collectively, "NIIAR" or "We")
We reserve the right, at our discretion, to modify these Terms. We will inform You of such modifications by either notifying You via Your email address or by posting such latest changes on the Site. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.
Ability to Accept Terms
You affirm that you are at least 13 years of age, as the Site is not intended for children under 13. If it comes to NIIAR’s attention through reliable means that a registered user is a child under 13 years of age, NIIAR will cancel that user's account and/or access to the Site. NIIAR shall not, in any case whatsoever, be held liable for the use of the Site by a child under 13.
- NIIAR hereby grants you permission to use the Site, provided that:
- You will not copy, duplicate, distribute or modify or in any way exploit any part or content of the Site (or other Users Submissions) without NIIAR’sprior written authorization;
- You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.
- You will not be permitted to engage in any conduct that, in NIIAR’s opinion, restricts or inhibits any other user from using or enjoying the Site;
- You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
- You will not disrupt servers or networks connected to the Site; and
- You will comply with these Terms and We may rightfully take all actions to ensure compliance with these Terms.
- In order to access some of the services of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify NIIAR immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of NIIAR or others due to such unauthorized use. NIIAR will not be liable for Your losses caused by any unauthorized use of Your account.
- C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the NIIAR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
NIIAR grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NIIAR reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
- NIIAR has the right to terminate your access to the Site, in its sole discretion, immediately and with or without cause.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site, including without limitation, the texts, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NIIAR. User Submissions means any data, text, video, still images, audio or other material that we have permitted users of the Site to host, share, publish, post, store or upload on the Site ("User Submissions").
Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without NIIAR prior written consent. By Your use of the Site, You acknowledge that You do not acquire any license, ownership or other rights to the Content or the Marks. NIIAR reserves all rights not expressly granted in and to the Site.
If You download or print a copy of the Content for personal use, You must keep intact and preserve all copyrights and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copy of any Content, or that enforce limitations on the use of the Site.
The NIIAR logo and other marks are Marks of NIIAR or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
If You breach any of these Terms, Your authorization to use the Site automatically terminates and You must immediately destroy any downloaded or printed content.
This section shall survive any termination of these Terms.
- You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You represent and warrant that You own or have the necessary rights and permissions to use and authorize NIIAR to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. We may at any time, without liability to You, remove, alter or disable access to any or all of Your User Submissions.
"Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic, and whether they are registered or not, or capable of registration or not.
You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to NIIAR , You hereby grant NIIAR a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and NIIAR’s (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels whether currently in existence or not.
- You agree that You will not display, post, submit, publish or transmit a User Submission that:
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is in breach of any applicable laws or regulations;
- Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights;
- Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- Impersonates another person;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- Is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Involves theft, money laundering or terrorism; or
- Is otherwise malicious or fraudulent.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as We reasonably believe necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of NIIAR , its users or the public.
NIIAR attempts to be as accurate as possible. However, NIIAR cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. NIIAR reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility. Information on our publications, posts, inserts, information, and content should not be regarded as professional legal, financial or real estate advice.
Limitation of Liability and Warranty
The following section regarding limitation of liability and warrantyapplies whether or not the services provided under the site are for payment.
Except as expressly provided otherwise in a written agreement between you and niiar, the site (including the content and any other services provided thereby), is provided "as is" and without warranties of any kind
including without limitation, representations, warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. while we make reasonable efforts to ensure that the site will function as claimed, niiar does not guarantee that the site will be free of bugs, security breaches, virus attacks and the like, or that it will always be available. the site will occasionally be unavailable for routine maintenance, upgrading, or other reasons. in addition, you agree that niiar will not be held responsible for any consequences to its users that may result inter alia from, interruption or loss of service, technical problems of the internet, slow connections, traffic congestion or overload of our or other servers, etc.
You specifically acknowledge that niiar shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
NIIAR does not warrant, endorse or guarantee any content, product, or service that appears in its users' submission or that is featured or advertised on the site.
In no event will we be liable for any damages any loss or damage arising under or in connection with the reliance on any content or information displayed on our site.
Under no circumstances shall niiar , its affiliates and their respective officers, directors, employees, licensors, assigns and agents be liable for any loss of money, profit, business, goodwill, reputation, data, special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use, the site and its services even if niiar has been advised of the possibility of such damages. in any event and without limiting the generality of this section to the extent permitted by law you agree that the niiar’s total liability to you for all damages and losses shall not in any circumstances exceed an aggregate of the amount paid by you, if any, in the 12 months immediately preceding the event giving rise to the claim, for accessing and using the site.
You agree to defend, fully indemnify and hold harmless NIIAR , its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by NIIAR without restriction.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NIIAR's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.