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Welcome
to the CPBUSA.COM Website. CPBUSA.COM Website is
privately owned and operated. CPBUSA.COM in not in
anyway an extension of the CPB (Casa Publicadora
Brasileira). All products are purchased in Brazil and
other countries by
the CPBUSA.COM purchasing Dept. and shipped to the
CPBUSA.COM in the U.S.
CPBUSA.COM has permission
in writing to use the pictures, logos and promotional
midia such as flyers, posters, etc., from the Casa Publicadora Brasileira to promote
and sell products posted on this site.
These Terms of Use, along
with the policies and guidelines located throughout the
CPBUSA.COM Website identify what users of the CPBUSA.COM
Website can expect from CPBUSA.COM and we expect from
the Users. By accessing any areas of the CPBUSA.COM
Website, Users are deemed to have accepted these Terms
of Use and other policies and guidelines identified
throughout the CPBUSA.COM Website.
1.
ONLINE CONDUCT
User
agrees to use the CPBUSA.COM Website only for lawful
purposes. User is prohibited from posting on or
transmitting through the CPBUSA.COM Website any
unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not
limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local,
state, national, or international law.
If CPBUSA.COM is notified
of any book, information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and
other material on the CPBUSA.COM Website provided by
User that is allegedly infringing, defamatory, damaging,
illegal, or offensive, CPBUSA.COM may investigate the
allegation and determine in its sole discretion whether
to remove such content from the CPBUSA.COM Website.
CPBUSA.COM may disclose any content or electronic
communication of any kind to satisfy any law,
regulation, or government request; if such disclosure is
necessary or appropriate to operate the CPBUSA.COM
Website; or to protect the rights or property of CPBUSA.COM
and its officers, directors, employees, agents,
third-party content providers, merchants, sponsors, and
licensors and any other User.
CPBUSA.COM
reserves the right to prohibit conduct, communication,
or content that it deems in its sole discretion to be
harmful to individual Users, CPBUSA.COM
Website, the communities that make up the CPBUSA.COM
Website, or any rights of CPBUSA.COM
or any third party, or to violate any applicable law.
Notwithstanding the foregoing, no CPBUSA.COM
Provider can ensure prompt removal of questionable
Content after online posting. Accordingly, no CPBUSA.COM
Provider shall assume liability for any action or
inaction with respect to conduct, communication, or
Content on the CPBUSA.COM
Website.
2.
CONTENT
a.
Proprietary Rights
User acknowledges that the CPBUSA.COM Website contains
Content that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under
the U.S. copyright laws, and CPBUSA.COM owns a copyright
in the selection, coordination, arrangement, and
enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of
select portions of the Content, provided that the copies
are made only for User's personal use and that User
maintains any notices contained in the Content, such as
all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software
license agreement accompanying such software.
b.
Third-Party Content
CPBUSA.COM is a distributor and not a publisher of
Content supplied by third parties and Users. CPBUSA.COM
has no more editorial control over such Content than
does a public library or newsstand. Any opinions,
advice, statements, services, offers, or other
information that constitutes part of Content expressed
or made available by third parties, including any other
User, are those of the respective authors or
distributors and not of CPBUSA.COM or its
affiliates or any of their officers, directors,
employees, or agents. No CPBUSA.COM Provider
guarantees the accuracy, completeness, or usefulness of
any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content
available through the CPBUSA.COM Website
represents the opinions and judgments of the respective
third party providing such Content. CPBUSA.COM
neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on
the CPBUSA.COM Website by anyone other than
CPBUSA.COM . Under no circumstances shall CPBUSA.COM, or
its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or
harm caused by a User's reliance on information obtained
through the CPBUSA.COM Website. It is the
responsibility of User to evaluate the information,
opinion, advice, or other Content available through the
CPBUSA.COM Website.
3.
AGE OF USERS
CPBUSA.COM
does not intend the CPBUSA.COM Website to be used
by minors under the age of 13. Furthermore, CPBUSA.COM
does not market the CPBUSA.COM Website for use by
minors under the age of 13. CPBUSA.COM relies upon
parents or guardians of Users under the age of 18 to
determine if any content or items available on the
CPBUSA.COM Website are appropriate for view or
access by such Users.
4.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE
CPBUSA.COM WEBSITE IS PROVIDED BY CPBUSA.COM
PROVIDERS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, EACH CPBUSA.COM PROVIDER
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO CPBUSA.COM
PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE
CPBUSA.COM WEBSITE, OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE
CPBUSA.COM WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE CPBUSA.COM
WEBSITE; OR (IV) THAT THE CPBUSA.COM WEBSITE, ITS
SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF CPBUSA.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO CPBUSA.COM PROVIDER GUARANTEES THE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE CPBUSA.COM
WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE
CPBUSA.COM WEBSITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY CPBUSA.COM
PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY CPBUSA.COM
PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE
USE OF OR INABILITY TO USE THE CPBUSA.COM WEBSITE,
INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY
INFORMATION OBTAINED FROM THE CPBUSA.COM WEBSITE
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO CPBUSA.COM'S RECORDS,
PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT
THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE,
AND SERVICES AVAILABLE THROUGH THE CPBUSA.COM
WEBSITE.
NO CPBUSA.COM PROVIDER WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE USE OF THE CPBUSA.COM WEBSITE OR
THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH
CPBUSA.COM PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE
ADDITIONAL RIGHTS.
5.
SALES TAXES
California
Sales Tax applies to all shipments within the State of
California. All shipments shipped outside of California
are not charged Sales Tax.
6.
RETURN POLICY
You
may return most items sold by CPBUSA.COM within 30
days of delivery for exchange or for a full refund. A
$5. re-stocking fee may apply. We'll also pay the
return shipping cost if the return is a result of our
error.
We cannot accept
returns of certain items, including:
- Any item that is
returned more than 30 days after delivery.
- Any CD, VHS tape,
software, that has been opened (taken out of
its plastic wrap).
- Any item that is not
in its original condition, is damaged, or is missing
parts.
Returning a gift? If the
item you're returning was not designated as a gift when
purchased or if it was not shipped directly to you from
CPBUSA.COM, please note that the will be issued to the
gift giver.
7.
SHIPPING & HANDLING
The
cost of S&H within the Continental US (book rate) is
free. S&H
will be added to any product shipped outside of the
Continental US. Any other form of mailing requested will
be added to the order total. Ex.: Overnight
shipping, 2nd day shipping, priority mail, etc.
Shipments
made outside the Continent U.S. will have the S&H
charges added to the order total.
8.
SEVERABILITY
The
provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these
Terms of Use shall be held invalid or unenforceable in
whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the
extent of such invalidity or unenforceability without in
any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction.
9.
SAFE SHOPPING GUARANTEE
Under
federal law, a credit card issuer cannot make you liable
for charges in excess of $50.00 that result from the
unauthorized use of your credit card. There are similar
federal laws that relate to debit cards. Exceptions do
apply, and you will have to comply with the rules of
your credit card or debit card issuer, so please contact
your card issuer for further details.
If a credit card or debit card issuer assesses you a fee
because of the unauthorized use of your credit card or
debit card on our site, CPBUSA.COM will reimburse you
for such amount up to $50.00.
The
Personal Customer Information you provide -- including
your credit card information -- to establish an account
with us and to make purchases from us is secured using
Secure Sockets Layer (SSL) encryption technology. We use
this SSL technology to prevent such information from
being intercepted and read as it is transmitted over the
Internet. The encrypted data goes to a secure site where
your information is stored on restricted-access
computers located at restricted-access sites.
10.
APPLICABLE LAW; JURISDICTION
This
site is created and controlled by CPBUSA.COM in
the State of California. As such, the laws of the State
of California will govern these Terms of Use, without
giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to
submit to the exclusive jurisdiction of the courts of
the State of California and of the United States of
America located in the State of California for any
litigation arising out of or relating to use of or
purchase made through the CPBUSA.COM Website (and
agrees not to commence any litigation relating thereto
except in such courts), waives any objection to the
laying of venue of any such litigation in the California
Courts and agrees not to plead or claim in any
California Court that such litigation brought therein
has been brought in an inconvenient forum.
11.
ACKNOWLEDGEMENT
The
Terms of Use, including all documents referenced herein,
represents the entire understanding between User and
CPBUSA.COM regarding User's relationship with CPBUSA.COM
and supersedes any prior statements or representations.
When using the CPBUSA.COM Website or making a purchase
there from, USER AGREES TO BE BOUND BY THESE TERMS OF
USE.
12.
MODIFICATION
CPBUSA.COM
reserves the right to make changes to the CPBUSA.COM
Website, posted policies and these Terms of Use at any
time without notice. These Terms of Use were last
revised on June 4, 2003.
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