Conditions for utilization
These are the terms and conditions that must be observed by the USER upon utilization of the WEBSITE, especially its functionalities and tools. By visiting our WEBSITE, the USER declares to have read and accepted these Terms and Conditions for Use and Policies. The acceptance of the Terms and Conditions for Use and Policies shall entail recognition that the USER is competent and responsible for his or her acts. In case the USER has any questions about the Terms and Conditions for Use and Policies, we recommend that the USER contact Gama Indústria de Matrizes before accepting and being bound thereto.
The USER understands that these Terms and Conditions for Use and Policies have the legal nature of an agreement and agrees that the Acceptance shall entail the binding of Gama Indústria de Matrizes and the USER to its terms and conditions. Therefore, we recommend that the USER print a copy of these documents for future reference. Gama Indústria de Matrizes stresses that it is the USER's duty to remain attentive to possible updates, which may happen at any time.

 

Website utilization rules
The USER is required to use the WEBSITE respecting and observing these Terms and Conditions for Use, as well as the law in force, custom and the public policy. Therefore, you agree that you cannot: (i) infringe the rights of third parties, regardless of their nature, at any time, including during the use of the WEBSITE; (ii) perform acts that limit or prevent WEBSITE access and utilization, in proper conditions, by the other USERS; (iii) access unlawfully the WEBSITE or third-party computer systems related to the WEBSITE of Gama Indústria de Matrizes in any manner or form; (iv) disseminate computer programs or viruses susceptible to causing damage of any nature including in Gama Indústria de Matrizes or third-party equipment and systems; (v) utilize mechanisms other than those expressly enabled or recommended on the WEBSITE to obtain information, contents and services; (vi) perform any acts that may in any way entail any loss or damage to Gama Indústria de Matrizes or other USERS; (vii) access the WEBSITE programming areas, database or any other information outside the WEBSITE's public or restricted areas; (viii) perform or allow the performance of reverse engineering, translate, modify, change the language, compile, reproduce, rent, sublet, disseminate, transmit, distribute or otherwise use the WEBSITE or the tools and functionalities contained therein in any manner or form, including so as to violate rights of Gama Indústria de Matrizes (including Gama Indústria de Matrizes' Intellectual Property) and/or third parties; (ix) practice or participate in any act that amounts to a violation of any right of Gama Indústria de Matrizes or third parties or any applicable law, or act in any manner or form that may contribute to such violation; (x) interfere with the security or make improper use against the WEBSITE or any resource of the system, network or connected service which may be accessed through the WEBSITE, as the WEBSITE must be accessed only for lawful and authorized purposes; (xi) use the domain of Gama Indústria de Matrizes' to create links or shortcuts to be made available in unsolicited e-mails (spam) or third-party or the USER's own website or to perform any action that may cause harm to Gama Indústria de Matrizes or third parties; (xii) use the WEBSITE's tools and functionalities to disseminate messages not related to the WEBSITE or the WEBSITE's purpose, including racist, ethnical, political, religious, cultural or derogatory and/or defamatory message against any person or social group. You agree to indemnify and hold Gama Indústria de Matrizes harmless of any complain, notification, notice or judicial or extrajudicial action and also of any liability, damage, cost or expense arising from any violation and/or infringement committed by the USERS or any person acting in their name, with their consent or tolerance, regarding the WEBSITE (including regarding any provision of these Terms and Conditions for Use), including any person who has obtained the USERS' data related to their Access Account or their WEBSITE navigation. Gama Indústria de Matrizes may, at its sole discretion, block, restrict, disable or prevent the access of any USER to the WEBSITE, in full or in part, without any notice, whenever any improper conduct by the USER is detected, without prejudice of any administrative, extrajudicial and judicial actions it deems convenient.

 

USER Registration
It is known by the USER that the data registered by the USER on the WEBSITE will be stored an used by Gama Indústria de Matrizes, and it is stressed that registration and subscription shall be assumed as expressed consent from each USER about personal and professional data collection, use, storage and treatment by Gama Indústria de Matrizes and/or by third parties contracted by it to perform any related procedure or process.
By completing his or her subscription or registration, the USER declares that the provided information is complete, true, current and accurate, and the USER shall be entirely responsible for updating his or her subscription or registration data whenever there is any change in name, address or any other relevant information. Gama Indústria de Matrizes may refuse, suspend or cancel the USER's subscription or registration whenever it suspects that the provide information is false, incomplete, outdated or in accurate or in cases established by the applicable laws and regulations, in these Terms and Conditions or in any WEBSITE Policy, even if previously accepted.

 

Personal data, privacy and safety
The Privacy and Safety Policy created and used by Gama Indústria de Matrizes regulates the collection, safekeeping and utilization of personal data, as well as the safety thereof. This specific Policy is an integral and inseparable part of these Terms and Conditions for Use and it should be noted that the WEBSITE utilization data will be archived pursuant to the law in force.
Guarantees
In spite of Gama Indústria de Matrizes' best efforts to provide accurate, current, correct and complete information, the WEBSITE may contain technical errors, inconsistencies or typos. The WEBSITE, its contents, its functionalities and tools are provided by Gama Indústria de Matrizes as they are shown and offered on the Internet, with no express or implied guarantee regarding the following items: (i) that the WEBSITE or its contents will meet the Users' expectations; (ii) continued access to the WEBSITE or its contents; (iii) suitability of the WEBSITE's quality or its contents for a certain purpose and (iv) correction of defects, errors or failures on the WEBSITE or its contents. Gama Indústria de Matrizes reserves the right to change unilaterally, at any time and without notice, the WEBSITE as well as the WEBSITE's configuration, presentation, design, contents, functionalities, tools and any other element, including its cancellation.

 

Responsibilities
Gama Indústria de Matrizes uses its best efforts to inform, serve and protect the USER. The USER is solely responsible for the utilization of the WEBSITE, its tools and functionalities. In no event shall Gama Indústria de Matrizes be held liable for any emerging, indirect, punitive or expiatory damage, loss of profit or other monetary loss related to any complaint, legal action or another procedure adopted regarding the utilization of the WEBSITE, its contents, functionalities and/or tools. Notably, Gama Indústria de Matrizes' liability is excluded in the following circumstances, among others: (i) damages and losses that the USER may experience due to unavailability or partial availability of the WEBSITE and/or all or some of its services, information, contents, functionality and/or tools or due to the incorrection or inaccuracy of any of these elements; (ii) USER unavailability; (iii) damages and losses that the USER may experience in other Internet WEBSITES accessible through links included on the WEBSITE (iv) damages and losses that the USER may experience as a result of WEBSITE failures, including system server or network connection failures, or also malicious interactions such as viruses, software that may damage the equipment or access information in the USER's equipment; (v) damages and losses that the USER may experience as a result of the WEBSITE's use in noncompliance with these Terms and Conditions for Use or with the Policies; (vi) damages and losses that the USER may experience as a result of the WEBSITE's use in noncompliance with the law, custom or public policy;

 

Links to other websites
The WEBSITE may contain link to third-party websites which have been added for the USER's convenience. The inclusion of such links does not entail any connection to, monitoring of or responsibility for the websites and their respective contents or owners by Gama Indústria de Matrizes. The access to websites connected to such links is not regulated by these Terms and Conditions for Use and is not protected by the Policies. Gama Indústria de Matrizes recommends that the USER refer to the Terms and Conditions for Use established by each website connected to the links included on the WEBSITE. Gama Indústria de Matrizes shall not be responsible, directly or indirectly, for any damages or losses caused by or related to the utilization of any information, content, products or services made available on the WEBSITE or any third-party website accessed through the links provided on the WEBSITE.

 

Internet applications or computer viruses
Because of technical difficulties, Internet applications or transmission problems, inaccurate or incomplete copies may occur of the information contained on the WEBSITE. Computer viruses or other damaging programs may also be inadvertently downloaded from the WEBSITE because of infection thereof not detected by Gama Indústria de Matrizes. Gama Indústria de Matrizes shall not be responsible for any application, computer virus or other damaging files or programs that may cause harm to or affect the utilization of the computer or other USER asset because of access, utilization or navigation on the WEBSITE, or also because of the download of any material contained therein, the installation of suitable antivirus or protection applications is recommended.

 

Intellectual Property Rights
The USER is not authorized to use, in any manner or on any pretext, the Brands, partial or full reproductions thereof or imitations thereof, regardless of the purpose of such use. The USER undertakes not to challenge the validity of any Brand or any other distinctive sign deposited or registered by Gama Indústria de Matrizes or by any companies associated thereto, in any manner whatsoever, in Brazil or in foreign countries. The USER undertakes to abstain from making use of any of the Brands or variations thereof (including spelling errors or phonetic variations) such as domain name or part of the domain name or in any company name of any kind or nature, in any manner or form, including by the creation of domain names or e-mails. All the other brands, product names or company names appearing on the WEBSITE are exclusive property of their respective owners.
All of the WEBSITE's contents – including the domain name [gama.ind.br], programs, databases, files, texts, pictures, layouts, headings and other elements – were created, developed or assigned to Gama Indústria de Matrizes, are property of Gama Indústria de Matrizes or have been licensed thereto and are protected by Brazilian laws and international treaties about intellectual property rights.
By accessing the WEBSITE, the USER declares that he or she will respect the existence and extension of Gama Indústria de Matrizes' Intellectual Property Rights, as well as all third-party rights that may be used, for any reason, on the WEBSITE or that may be made available on the WEBSITE. Access to the WEBSITE and regular utilization thereof by the USER does not provide the user with any right or prerogative on any Intellectual Property, Brand or other contents inserted therein. The utilization, exploration, imitation, reproduction, in full or in part, of any contents without prior authorization in writing from Gama Indústria de Matrizes is forbidden. The creation of any works derived from Gama Indústria de Matrizes' Intellectual Property without prior authorization in writing from Gama Indústria de Matrizes is also forbidden. The USER is expressly forbidden from reproducing, distributing, modifying, or creating derivative works or any other form of utilization of any Intellectual Property or other contents of this WEBSITE and the materials published on or by the WEBSITE. A USER who violates the prohibitions contained in intellectual property law and in these Terms and Conditions for Use shall be held liable civilly and criminally for his or her violations. Gama Indústria de Matrizes does not grant any authorization related to the WEBSITE contents for any purpose. The USER assumes any and all liability, either civil or criminal, for the improper utilization of any Gama Indústria de Matrizes or third-party Intellectual Property or Brands.

When sending any contents to the WEBSITE, the USER retains ownership of his or her rights over such contents (texts, videos, images, audio, among others), assigning to Gama Indústria de Matrizes a free, irrevocable, worldwide and non-exclusive license for the reproduction and display thereof, in any manner or form, including on the WEBSITE, and the USER further declares to be the owner of all rights associated to such contents.

 

Communications
Gama Indústria de Matrizes provides the e-mail address gama@gama.ind.br as the Channel to receive any communication that the USER wishes to make.

 

Term
These Terms and Conditions for Use and Policies are for an indefinite period and shall remain force while the WEBSITE is live and active. Likewise, access and utilization of the WEBSITE and the features offered by it, in principle, are for an indefinite period, at the sole discretion of Gama Indústria de Matrizes. However, Gama Indústria de Matrizes reserves the right to suspend and/or cancel, unilaterally and at any time, access to the WEBSITE or to some parte thereof or to some of its features, with no need of prior notices.

 

Updates of these Terms and Conditions
Gama Indústria de Matrizes may unilaterally revise, improve, modify and/or update, at any time, any clause or provision contained in these Terms and Conditions for Use or in the Policies. If the USER does not agree to a certain change in the Policies or the Terms and Conditions for Use, he or she may terminate his or her relationship with Gama Indústria de Matrizes by requesting the exclusion of his or her registration by e-mail or by contacting Gama Indústria de Matrizes' service channel. However, this termination shall not relieve the USER from complying with all assumed obligations under the prior version of the Policies and the Terms and Conditions for Use.

 

Confidentiality
Gama Indústria de Matrizes and the USER, on their own behalf and on behalf of their employees and representatives, undertake to treat all information received as confidential, especially USER information, pursuant to civil law in force, as well as the codes of ethics of professional classes involved, including information received and non-public knowledge gained as a result of this Agreement for the performance thereof, and cannot make such information accessible to any third parties without legal authorization, this clause being irreversibly in force for an indefinite period, even if any relationship between the parties ceases to exist.

 

Language
All the legal documents on the WEBSITE, including these Terms and Conditions for Use, were prepared in Portuguese.

 

Miscellaneous
In case Gama Indústria de Matrizes cannot enforce or comply with any clause or condition contained in these Terms and Conditions for Use or in these Policies, such fact shall not entail a waiver, forbearance or novation of this clause or conditions of these Terms or any Policy. If any clause or condition contained in these Terms and Conditions for Use or in the Policies is declared unenforceable, in whole or in part, such unenforceability shall not affect the other clause of the Terms and Conditions for Use and Policies . In this case, Gama Indústria de Matrizes shall make the necessary adaptation so that they reflect as close as possible the terms of the provision declared unenforceable.

None of the Parties shall be held liable to the other when the nonperformance or late performance of an obligation set forth in the Policies or in these Terms and Conditions for Use is caused by fortuitous or force majeure events, while their consequences last.

Gama Indústria de Matrizes has as a business principle respect to the USER, always acting in compliance with the provisions of the Internet Civil Framework (Federal Law no. 12.965/14).

Applicable Law and Elected Jurisdiction
The WEBSITE is controlled, operated and managed by Gama Indústria de Matrizes in the city of Caxias do Sul, RS, Brazil, and may be accessed by any device connected to the Internet, regardless of its geographic location. In view of the differences that may exist between local and national laws, by accessing the WEBSITE, the USER agreed that the applicable law for the purpose of these Terms and Conditions for Use will be the one in force in the Federative Republic of Brazil. Gama Indústria de Matrizes and the USER agree that the Venue of the Judicial District of Caxias do Sul, RS, Brazil, will be the only one with jurisdiction to settle any issue or dispute arising or resulting from the WEBSITE's use, expressly renouncing any other, no matter how privileged it may be or become.