Privacy
VILLARES METALS S/A's WEB SITE LEGAL NOTICE
1. LEGAL NOTICE AND ITS ACCEPTANCE
This Legal Notice regulates the http://www.villaresmetals.com.br/ Internet Web Site (henceforth named, "Site") that VILLARES METALS S.A., a legal entity with its headquarters in the city of Sumaré, State of São Paulo, enrolled at the Ministry of Finance under the no. 42.566.752/0001-64 (henceforth named "VILLARES METALS") offers its world wide web (Internet) computer users.
The use of this attributes a site user condition (henceforth named “User”) and implies full acceptance without reserve of all items herewith in this Legal Notice in compliance with what is presented at the moment of use of this Site. Thus, the User shall read this Legal Notice carefully every time he/she uses/accesses the Site, as this can undergo changes.
The use of certain services and contents offered through this Site is subject to private proper conditions (henceforth named "Private Conditions") that, according to each case, substitute for, complement and/or modify this Legal Notice. The User, therefore, shall read all corresponding Private Conditions prior to the access or use of these services and contents.
Therefore, each and every access to services and contents subject to the Private Conditions will express an unconditional acceptance by the User of such conditions present in the version published by VILLARES METALS at the moment the access and/or use takes place.
The use of the Web Site is also subject to all notices, user rules and instructions made available to the User by VILLARES METALS, which complement the provisions contained herewith in this Legal Notice provided they do not oppose the latter.
2. OBJECT
Through the Site, Villares Metals makes available to its Users the access to several services, contents and information (henceforth named “Information”) set forth by Villares Metals or by authorized third parties.
2.1 Restricted Use
The content of the pages on this site cannot be copied, reproduced, transferred, published or distributed, in any form, without Villares Metals’ prior written authorization.
Villares Metals authorizes the User to store, in his/her computer, or to print copies of these pages, provided it is exclusively for personal use.
The trade marks and logos shown on this site are an exclusive ownership of Villares Metals and cannot be used at any place, including other sites, without Villares Metals’ prior consent, in written.
2.2 Cookies
A cookie (a small data file that some sites send to your electronic address, when you visit them) can be placed in some part of this site, for the purpose of tracing the users’ usage pattern. You can set your browser so that you are warned before a cookie is sent you, so that you can refuse it.
3. TERMS AND CONDITIONS FOR SITE ACCESS AND USE
3.1 Gratuitousness of access and use of the Site
The availability of information made by VILLARES METALS is free to the Users. However, some Services and Information offered by VILLARES METALS and/or by third parties on the Site can be charged in compliance with the forms and values determined under Private Conditions to be signed.
3.2 User Register
In general, Service rendering and/or information and content availability do not require previous enrolment or registering of the Users. However, Villares Metals S.A. subjects the use of some Services to the User’s prior registering.
3.3 Veracity of information
All information supplied by the User through the Services shall be true. Thus, the User ensures the authenticity of all data that he/she informs through by filling out the corresponding forms or electronic message sending. Therefore, it will be the User’s responsibility the information supplied to VILLARES METALS permanently updated, so as to reflect the User’s real data. In any case, the User shall be the only one held responsible for false or inexact statements made by him/her that might cause any damage to Villares Metals S.A or to third parties.
3.4 Minors
To use the Services, minor Users shall have prior parent, tutor or legal representative authorization, who shall be considered responsible for all acts carried out by the minors.
The minors’ parents, tutors or legal representatives shall be fully responsible for the contents and Services and/or information/contents used by the minors.
3.5 Obligation to use the SITE and Services correctly
The User pledges to use the Site and Services, information and contents in compliance with the law, with this Legal Notice and with the Private Conditions set forth for certain Services, with the notices, use regulations and instructions known to him/her, as well as to comply with the public order, moral and current generally accepted practices.
As a mere example, the User commits himself/herself no to transmit, divulge or make available to third parties information, data, contents, graphs, drawings, files and sound and/or image, photographs, recordings, software and, in general, any type of material that:
(a) in any form contradict, disdains or violates the fundamental rights and the public freedom constitutionally recognized, under the international treaties and the legal system as a whole;
(b) induces, incites or promotes illegal, denigrating, defamatory, infamous, violent acts, or, in general, acts contrary to the law, moral and current generally accepted practices or acts against the public order;
(c) induces, incites or promotes discriminatory acts, attitudes or ideas based on sex, race, religion, beliefs, age or physical condition;
(d) incorporates, makes available or allows accessing illegal, violent, pornographic, degrading products, elements, messages and/or services or, in general, contrary to the law, moral and current generally accepted practices or the public order;
(e) induces or might induce an unacceptable state of anxiety or fear;
(f) induces or incites the involvement with practices that are dangerous, risky or harmful to the health or to the psychic balance;
(g) is false, ambiguous, inexact , exaggerated or extemporaneous, so that it can lead into error about its object or about the intentions or purpose of the communicant;
(h) is protected by any intellectual or industrial property which belongs to third parties, without the User obtaining prior consent from the owners to carry out the use it makes or intends to make;
(i) violates third parties’ business secrets;
(j) is contrary to honor rights, personal and family intimacy or to people’s own image;
(k) violates the rules about communications secret;
(l) constitutes illicit, deceptive or unfair advertising and, in general, that constitutes unfair competition;
(m) incorporates virus or other physical or electronic elements that can cause damage or can impair the normal operation of the web, system or computer equipment (hardware and software) that belongs to third parties, or that can cause damage to the electronic documents and files stored in these computer equipment;
(n) provokes, by its characteristics (such as shape, extension, etc), difficulties to the normal operation of the Service;
(o) contains HTML contents different from those expressly authorized by Villares Metals S.A.
3.6 Obligation to use the Contents correctly
In accordance with the disposition under clause 3.5, the User commits himself/herself to use the contents made available to Users on this site, that is, as a mere illustration, the texts, photographs, graphs, images, icons, technology, software, links and all other audio-visual or sound contents, as well as graphic drawings and font codes (henceforth, the Contents) according to the law, to the present Legal Notice, to the Private Conditions of certain Services and all other notices, usage rules and instructions acknowledged, as well as moral and the current generally accepted practices and, especially, commits himself/herself not to:
(a) reproduce, copy, distribute, allow for public access, transform or modify the Contents, unless he/she has prior authorization of the owner of the corresponding rights or that is legally permitted;
(b) suppress, manipulate or, in any form, change the "copyright" and Villares Metals S.A’s or its titleholders’ other rights identification data, as well as the technical protection devices, the digital marks or any information mechanisms that might contain the Contents;
The User shall refrain from obtaining or trying to obtain, the Contents through different media other than the ones, in each case, that have been made available for such purposes or that, in general, are employed regularly on the Internet for such purposes, but that bear the harmful risk or uselessness of the site, Services or Contents.
The User is obliged to refrain from:
(i) obtaining data with advertising purpose and from sending advertising of any type for sales or other commercial nature, without Villares Metals S.A.’s previous request and consent.
(ii) making available to third parties, with whatever intent, data retrieved from distribution lists or from the site.
3.7 Introduction of hiperlinks that allow access to the Site and to the Services
The User and all individuals or legal entities that set themselves to establish a hiperlink (defined with the code or programming language that makes a connection between an Internet page and the other) between his/her/its web page and Villares Metals’ Site (henceforth named the Hiperlink) shall comply with the following conditions:
(i) The "Hiperlink" shall allow only and exclusively the access to the home-page or to Villares Metals’ initial page, but shall not reproduce it in any form, without prior written authorization from the responsible department;
(ii) do not create a frame over the Site’s pages;
(iii) do not carry out inexact or incorrect manifestations or false indications about Villares Metals, its administrators, employees, Site web pages, Services, Information and/or content;
(iv) do not declare nor make it understood that VILLARES METALS would have authorized the "Hiperlink" or that it would have supervised or undertaken, in any form, responsibility over the services offered or made available over the web in which the “Hiperlink” is established;
(v) with the exception of the signs that are part of the "Hiperlink", the web page on which the "Hiperlink" is established shall not contain any VILLARES METALS’ trademark, trade name, logotype, slogan, look and feel or any other signs pertaining to VILLARES METALS.;
(vi) the web page that establishes the "Hiperlink" shall not contain illicit information or content, counter moral issues, offensive to the good manners and to the public order, as well as it shall not contain any content contrary to third party rights.
The fixation of a "Hiperlink" does not imply, in any case, the existence of relationship between VILLARES METALS and the communicating web page owner, nor VILLARES METALS’ acceptance or approval of its contents or services.
4. LICENSE, TRADEMARKS AND PATENTS
All brands, trade names or distinctive signals of any type that are published, exhibited or associated with on Site are a property of Villares Metals, without the use or access to the Site, Services and information being understood as right concession to the User, so that he/she can cite such brands, trade names or signals.
The same rule applies to eventual third party’s brands that are published or exhibited on site.
The Contents are VILLARES METALS’ or third parties’ property, without being understood as being given to the User. The royalties that exist or might exist over such Contents shall be in accordance with the strict need for the correct use of the SITE and of the information.
5. EXCLUSION OF WARRANTIES AND RESPONSIBILITY
5.1 Exclusion of warranties and responsibilities for the operation and availability of the Site, Services and Information.
5.1.1 Availability and continuity, usefulness and fallibility
As a consequence of technical and operational issues, VILLARES METALS cannot guarantee and be held responsible for the availability and continuity of the operation of the Site, Services and Information. When reasonably possible, Villares Metals shall previously warn about the operational interruption of the Site, Services and Information. Villares Metals also shall neither guarantee the usefulness of the Site, Services and Information for carrying out any concrete activity nor its infallibility.
VILLARES METALS EXEMPTS ITSELF, TO THE FULLEST EXTENT PERMITTED BY THE LEGAL SYSTEM, FROM ANY RESPONSIBILITY FOR DAMAGE AND LOSS OF ANY NATURE THAT MIGHT DERIVE FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE SITE, SERVICES AND INFORMATION, FROM DEFRAUDATION OF THE USEFULNESS THAT THE USERS MIGHT HAVE ASSIGNED TO THE SITE AND TO THE SERVICES, FROM THE FALLIBILITY OF THE SITE AND SERVICES AND, ESPECIALLY, EVEN IF NOT EXCLUSIVELY, FROM ACCESS FAILURES TO THE DISTINCT WEB PAGES THAT COMPOSE THE SITE OR THAT RENDER SERVICES.
5.1.2 Privacy and security in using the Site and Services
Villares Metals S.A does not guarantee privacy and security for using the Site, Services and, especially, does not guarantee that non-authorized third parties cannot get to know the class, conditions, characteristics and circumstances of use that the Users make of the Site and through the Services.
VILLARES METALS EXEMPTS ITSELF, TO THE FULLEST EXTENT PERMITTED BY THE LEGAL SYSTEM, FROM DAMAGES AND LOSSES OF ALL NATURE THAT MIGHT DERIVE FROM THE KNOWLEDGE THAT NON-AUTHORIZED THIRD PARTIES MIGHT HAVE OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF USAGE THAT THE USERS MAKE OF THE SITE, SERVICES AND INFORMATION.
5.2 Exclusion of warranties and responsibilities for the Contents
5.2.1 Quality
VILLARES METALS does not guarantee the absence of viruses in its Contents, as well as any other harmful elements that might yield changes in your computer system (hardware and software) or in the electronic documents and files stored in your computer system.
VILLARES METALS EXEMPTS ITSELF OF ANY RESPONSIBILITY PERMITTED BY THE LEGAL SYSTEM FROM THE DAMAGES AND LOSSES OF ALL NATURE THAT MIGHT DERIVE FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE CONTENTS AND THAT, IN THIS WAY, MIGHT YIELD CHANGES AND/OR DAMAGES IN THE PHYSICAL AND/OR ELECTRONIC SYSTEM OF THE USERS’ EQUIPMENT.
5.2.2 Veracity, accuracy, exhaustivity and updatedness
VILLARES METALS does not guarantee the veracity, accuracy, exhaustivity and updatedeness of the Contents.
VILLARES METALS EXEMPTS ITSELF OF ANY RESPONSIBILITY PERMITTED BY THE LEGAL SYSTEM FROM THE DAMAGES AND LOSSES OF ALL NATURE THAT MIGHT DERIVE FROM THE LACK OF VERACITY, ACCURACY, EXHAUSTIVITY AND/OR UPDATEDNESS OF THE CONTENTS.
6. PERSONAL DATA PROTECTION
To access and/or use some of the Services and information it is necessary that the Users previously provide VILLARES METALS certain personal data (henceforth named Personal Data), that VILLARES METALS shall treat by automated means, according to what is set out under Personal Data Protection Policy.
Villares Metals S.A has adopted personal the data protection level of security legally required and seeks to install other means and technical measures for additional protection. Despite this, the User shall be aware that the Internet security measures are not infallible.
The "cookies" that are used on sites and on Web pages of the Site can be installed by Villares Metals, and they come from different servers operated by Villares Metals, or from third parties’ servers that supply services and install "cookies" for Villares Metals S.A. Whenever the option that prevents the installation of "cookies" has not been activated, the User can search his/her computer’s hard disk, according to the instructions given by the browser itself.
7. PROCEDURE IN CASE OF REALIZATION OF ILLICIT ACTIVITIES
In the case that any User or a third party considers that there exist facts or circumstances that constitute an illicit use of any content on the Web pages or accessible through the Site and, especially, that represent violation of intellectual property rights or other rights, he/she shall send a message to Villares Metals S.A through the email : metals@villaresmetals.com.br.
8. NOTIFICATIONS
All notifications and communications (henceforth named Notifications) by the User to VILLARES METALS, associated with this legal notice, are to be considered effective, for all legal consequences, when they are sent to the following email address: metals@villaresmetals.com.br.
VILLARES METALS shall not receive via this email any other type of notification or summons, as it is not the competent form, and any notification or summons that has legal consequences for altering, creating or modifying rights shall be carried out in written and sent to the following address:: R. Alfredo Dumont Villares, 155 – Sumaré – São Paulo – CEP 13077-900.
9. WITHDRAWAL AND SERVICE SUSPENSION
VILLARES METALS reserves the right to refuse or withdraw the access to the Site, Services and Information, at any time and without notice, by its own decision or by request from a third party, to those Users that breach this Legal Notice.
10. APPLICABLE LAW
This Legal Notice is governed and construed in accordance with the Brazilian Law, quit-claiming any other.
