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TERMOS DE USO

Effective Date Jully 06, 2023

The terms of this agreement ("Terms of Use") govern the relationship between you and Toninha Games, a Brazilian company with registered office in Capão da Canoa, Rio Grande do Sul, (hereinafter "Toninha Games " or "We") in relation to your use of Toninha Games' games, websites and relevant services (the "Service").

Before accessing or using the Service, which includes browsing Toninha Games websites or accessing its games, you must agree to the Terms of Use and Privacy Policy. You may also be required to register an account with the Service (an "Account"). By registering for an account or otherwise using the Service, you represent that you are 13 years of age or older. If you are between 13 and 17 years old, you represent that your legal guardian has reviewed and agrees with these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you must comply with those sites' terms of service/use, as well as these Terms of Use.

BY INSTALLING, USING OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT INSTALL, USE OR ACCESS THE SERVICE. USE OF THE SERVICE WILL BE VOID WHERE PROHIBITED.

 

Toninha Games reserves the right, at its discretion, to change, modify, add or remove parts of these Terms of Use, its Privacy Policy, as well as any other Toninha Games policy that may be relevant, publishing the amendments to the amended terms on the Toninha Games Service. Continued use of the Service will imply acceptance of such changes. If at any time you do not agree with any part of the most recent version of our Terms of Use, the Toninha Games Privacy Policy, or any other Toninha Games policy, rules or codes of conduct related to your use of the Service, your license to use the Service will immediately cease, and you must stop using the Service immediately.

1. License

1.1. Grant of Limited License to Use the Service

Subject to your agreement to these Terms of Use, as well as other applicable Toninha Games policies and your continued compliance therewith, Toninha Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use of the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

 

The following restrictions apply to the use of the Service:

  • You are not authorized to create an Account or access the Service if you are under 13 years of age; you must restrict use by minors and deny access to children under the age of 13. You accept full responsibility for unauthorized use of the Service by minors. You are responsible for use of your credit card or other payment instrument (eg PayPal) by minors.

  • You may not (or attempt to) buy, sell, rent or give away your Account, create an Account using a false identity or data, or on behalf of another; you will not be able to use the Service if you have already been removed from or previously banned from playing any Toninha Games game.

  • You may only use your Account for non-commercial purposes; you may not use the Service to advertise or solicit or transmit commercial advertisements, including chain letters, direct mail, spam or repetitive or misleading messages to anyone. Access Data and Your Account You will be asked to choose a password for your account. Alternatively, you may use other credentials to access the Account ("Login Data"). You must not share the Account, Access Data or allow anyone to access your Account or take any other action that could compromise the security of your Account. If you become aware of or suspect security breaches, including, but not limited to, loss, theft or unauthorized disclosure of Access Data, you must immediately notify Toninha Games and modify your Access Data. You are solely responsible for maintaining the confidentiality of the Access Data and will be responsible for all uses of the Access Data whether or not authorized by you, including purchases. You are responsible for everything that happens through your Account.

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Toninha Games reserves the right to remove or recover any usernames, at any time and for any reason, including, but not limited to third party allegations that a username violates the rights of third parties.

The Service only supports one Account per game on a supported device.

License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited and may result in immediate revocation of your limited license and liability for violations of law.

You agree to refrain, under any circumstances, from:

  • Participate in any act that Toninha Games deems incompatible with the spirit or purpose of the Service or make improper use of Toninha Games support services.

  • Make use of or participate (directly or indirectly) in cheating, exploiting bugs, using automation software, bots, hacks, modifications or any unauthorized third party software designed to modify the Service or interfere with the Service, Toninha Games games or the experience game by Toninha Games.

  • Alter or cause alteration of the files that are part of the Service or Toninha Games games without the express written consent of Toninha Games.

  • Interrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise act in a way that could negatively affect other users' experience when using the Service or playing Toninha Games games. This includes the commercialization of victories and any other type of manipulation of rankings, taking advantage of errors in the Service to gain an unfair advantage over other players, as well as any other act that intentionally violates or is not in accordance with the purpose of the Service.

  • Interrupt, overload, assist, or contribute to the interruption or overload of any computer or server ("Server") used to offer or support the Service or game environments of Toninha Games.

  • Instituting, aiding, or engaging in any type of attack including, but not limited to, virus distribution, denial-of-service attacks, or other attempts to disrupt the Service or another person's use or enjoyment of it.

  • Attempting to gain unauthorized access to the Service, Accounts registered for others, or computers, Servers or networks connected to the Service by any means other than the user interface provided by Toninha Games, including, but not limited to, circumventing or modifying, attempting to circumvent or modify, encourage or assist third parties to circumvent or modify the security, technology, device or software that are part of the Service.

  • Post any information that is offensive, threatening, obscene, defamatory, libelous, or otherwise objectionable or offensive in a racial, sexual, religious, questionable or offensive manner, or engage in ongoing negative behavior, such as, for example, by repeatedly posting information in an unsolicited manner.

  • Post information that contains nudity, excessive violence, offensive material, or links to such content.

  • Harass, insult or hurt third parties, including Toninha Games employees and Toninha Games customer support service representatives, or attempt to practice such acts, or even defend or encourage the practice of such acts.

  • Make available through the Service material or information that infringes copyrights, trademarks, patents, trade secrets, right of privacy, right of publicity or other rights of third parties or legal entities or that impersonates another person, including, but not limited to, employees by Toninha Games.

  • Reverse engineer, decompile, disassemble, decipher or attempt to obtain the Source Code of underlying software or other intellectual property used to provide the Service or Toninha Games games, or obtain information from the Service or Toninha Games games using methods that are not expressly permitted by Toninha Games.

  • Request or attempt to request Login Information or any other login credentials, or personal information from other users of the Service or games by Toninha Games.

  • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through the Service.

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Toninha Games reserves the right to determine which behaviors it considers to violate the rules of use or which, otherwise, are not in accordance with the spirit of these Terms of Use or the Service itself. Toninha Games reserves the right to take action as a result of such conduct, which may include terminating your Account and prohibiting your use of the Service, in whole or in part.

1.2. Account and Service Suspension and Termination

WITHOUT LIMITING OTHER GUARDIANS, TONINHA GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PARTS OF THE SERVICE IN CASE OF BREACH OF THESE TERMS OF USE OR IF TONINHA GAMES SUSPECTS THAT YOU HAVE FAILED TO COMPLY WITH THESE TERMS OF USE LOS, OR EVEN FOR ILLEGAL OR INAPPROPRIATE USE OF THE SERVICE, OR FOR THE SUSPECTED SUCH USE, WITHOUT PRIOR NOTICE. YOU MAY LOSE YOUR NAME AND YOUR CHARACTER ON THE SERVICE AS A RESULT OF ACCOUNT CLOSURE OR LIMITATION, AS WELL AS BENEFITS, PRIVILEGES ITEMS PURCHASED AND ITEMS PURCHASED RELATED TO YOUR USE OF THE SERVICE, TONINHA GAMES BEING EXEMPTED FROM INDEMNIFYING YOU FOR SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REGULATIONS, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PARTS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AS WELL AS THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND ADOPT TECHNICAL AND LEGAL MEASURES TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THEY MAY INCREASE RISK OR POSSIBLE LEGAL LIABILITY, INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACT IN A MANNER CONSISTENT WITH THE TERMS OR SCOPE OF OUR TERMS OR POLICIES. FURTHERMORE, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEATED INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

TONINHA GAMES RESERVES THE RIGHT TO CLOSE ACCOUNTS THAT HAVE BEEN INACTIVE FOR 180 DAYS.

Toninha Games reserves the right to stop offering and/or maintaining the Service or specific game or part of the Service at any time, which will result in the automatic termination of your license to use the Service or part of it. Toninha Games will have no obligation to provide refunds, benefits or other indemnities to users in connection with such interrupted Services.

Termination of your Account may include disabling access to the Service or any part thereof, including content submitted by you or third parties.

You may close your Account at any time and for any reason, following the process described on our support page, which is located at the following address: http://toninhagames.com/support/ (page available in Portuguese and English), informing Toninha Games that you intend to close your Account.

2. Ownership

2.1. Games and Service

All rights, title, and rights in the Service (including, but not limited to, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played through the use of a Toninha Games game client and the Toninha Games game clients and server software) are property of Toninha Games. Toninha Games reserves all rights, including, but not limited to, intellectual property rights or other proprietary rights related to the games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY EXPRESSED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPRIETARY RIGHTS IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN THE ACCOUNT ARE AND WILL AT ALL TIMES BE OWNED AND FOR THE BENEFIT OF TONINHA GAMES.

2.3. virtual items

Toninha Games owns, has licensed, or has the rights to use all content that appears on the Service or in Toninha Games games. Notwithstanding anything to the contrary herein, you agree that you agree that you have no right or title or any other content currently appearing in or originating from any Toninha Games game, including but not limited to virtual goods or currency appearing in or originating from of any Toninha Games game, whether won in a game or purchased from Toninha Games, or any other attributes associated with an Account or stored on the Service.

3. User Content

3.1. User Content

"User Content" means any communications, images, sounds and all materials, data and information that you submit or transmit through a Toninha Games game client or the Service, or that other users submit or transmit including, but not limited to, chat texts. By transmitting or submitting User Content while using the Service, you represent, represent and warrant that such transmission or submission (A) is correct and not confidential or misleading; (B) does not violate laws, contractual restrictions or other rights of third parties, and that you have permission from third parties whose personal information or intellectual property forms part of the User Content; (C) free of viruses, adware, spyware, worms or other malicious code; and (D) you acknowledge and agree that your personal information that forms part of such content will always be processed by Toninha Games in accordance with its privacy policy.

3.2 Content Monitoring

Toninha Games assumes no responsibility for the conduct of users who submit User Content and assumes no responsibility for monitoring the Service for location of Content or inappropriate conduct. We do not and cannot monitor all User Content. Your use of the Service is at your own risk. When using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You assume all risks associated with the use of User Content available in connection with the Service. At our discretion, our representatives or our technology may monitor and/or record your interaction with the Service or your communications (including but not limited to text chats) when you use the Service.

You hereby, by adhering to these Terms of Use, irrevocably consent to such monitoring and recording. You acknowledge and agree that you have no privacy expectations surrounding the transmission of User Content, including but not limited to text chats or voice communications.

Toninha Games reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, disable access or make User Content unavailable (including, but not limited to, your User Content), without prior notice. , for any reason or no reason, at any time.

If at any time, Toninha Games chooses, in its sole discretion, to monitor the Service, Toninha Games assumes no responsibility for User Content and assumes no obligation to modify or remove inappropriate User Content We have the right, but not the obligation , in our sole discretion, to edit, refuse to post, or remove User Content.

3.2. Use of Information by Other Service Members

3.2.1. public speech

The Service may include various forums, blogs and chat facilities to which you can post User Content, including your observations and comments on designated topics. Toninha Games cannot guarantee that other members will not use the ideas and information you share. Therefore, if you have ideas or information that you would like to keep confidential and/or do not want others to use, please do not post them on the Service. Toninha Games is not responsible for evaluating, using or compensating you for ideas or information that you may choose to submit.

3.2.2. Responsibility for Own Content

You are solely responsible for the information you post to the Service, through or in connection with the Service, and that you provide to others. Toninha Games may reject, refuse to publish or delete User Content for any reason or no reason, including, but not limited to, User Content that, in Toninha Games' sole discretion, violates the Terms of Use.

3.3. Your License for Toninha Games

You hereby grant Toninha Games an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and the right to copy, reproduce, correct, adapt, modify , create derivative works, manufacture, market, publish, distribute, sell, license, sublicense, transfer, rent, transmit, publicly display, publicly perform, or provide access to electronically, broadcast by broadcast, communicate to the public by telecommunications, display, perform, store in computer memory, and use and practice, in any way, your User Content, as well as all modified and derivative works thereof in connection with our provision of the Service, including the marketing and promotions of the Service. By this document, you also grant Toninha Games the right to authorize third parties to exercise the rights granted to Toninha Games under these Terms of Use. Furthermore, you grant Toninha Games the unconditional and irrevocable right to use and leverage your name, your likeness and other information or materials included in User Content related to User Content, without any obligation to you. Except to the extent prohibited by law, you waive attribution rights and/or moral rights you may have in your User Content, regardless of whether such User Content has been altered or modified in any way. Toninha Games does not claim ownership rights over its User Content and there is nothing expressed in these Terms of Use that aims to restrict the rights that you may have regarding the use and enjoyment of your User Content. Toninha Games is under no obligation to monitor or enforce its intellectual property rights over its User Content.

3.4. user interactions

You are solely responsible for your interactions with other users of the Service and with other parties you interact with through the Service and/or Toninha Games games. Toninha Games reserves the right, but not the obligation, to become involved in any way with such disputes. You will fully cooperate with Toninha Games to investigate suspicious, illegal, fraudulent or inappropriate activities, including, but not limited to, granting Toninha Games access to password-protected portions of your Account.

In the event of a dispute with one or more users, you release us (and our directors, agents, subsidiaries, joint ventures and employees) from actions, demands and damages (for direct and indirect damages) of every kind and nature, known and unknown , arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

4.1. Shopping

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use: (a) "virtual currency", including but not limited to virtual currency or diamonds, all for use in Toninha Games games; (b) "Virtual Game Items" (together with "Virtual Currency", "Virtual Items"); and (c) other products or services ("Goods"). You are only authorized to purchase Virtual Items from Toninha Games or our authorized partners through the Service and not through any other means.

Toninha Games may manage, regulate, control, modify or eliminate Virtual Items and/or Goods at any time, with or without prior notice. Toninha Games is not liable to you or to third parties if Toninha Games exercises these rights.

The transfer of Virtual Items and Merchandise is prohibited except as expressly authorized in the Service. Unless expressly authorized on the Service, you may not sell, buy, trade, or otherwise transfer Virtual Items or Goods to other individuals or entities, including any attempt to do any of the foregoing, including, but not limited to, Toninha Games , other users or third parties.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Toninha Games games is a service provided by Toninha Games that begins immediately upon acceptance of your purchase by Toninha Games.

4.2. Payment of Fees

You agree to pay all fees and taxes incurred by you or others through an Account registered to you. Toninha Games may revise the prices for the products and services offered through the Service at any time. YOU ACKNOWLEDGE THAT TONINHA GAMES IS EXEMPTED FROM THE OBLIGATION TO REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE IS VOLUNTARY OR OTHERWISE.

5. Service Updates

You understand that the Service is evolving. Toninha Games may require you to accept updates to the Service and Toninha Games games installed on your device or computer. You acknowledge and agree that Toninha Games may update the Service and Toninha Games games, with or without notifying you. You may need to update third-party software from time to time in order to receive the Service and play Toninha Games games.

6. Disclaimer of Warranties

WITHOUT LIMITING TONINHA GAMES' LIABILITY SET FORTH IN SECTION 7 BELOW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCLUDING, WITHOUT LIMITATION , THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WHICH ARE ARISING OUT OF THE COURSE OF TRADE TREATMENT OR THE USE THEREOF OF DEALING OR COMMERCIAL USE. TONINHA GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR PLACES OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the disclaimers mentioned above may not apply to you.

7. Limitation of Liability; Sole and Exclusive Guardianship; Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONINHA GAMES SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOST PROFITS, LOSS OF DATA OR INTERRUPTION OF BUSINESS OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF THESE TERMS OF USE OR THE SERVICE ITSELF, OR RELATED IN ANY WAY THEREOF, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL THEORY, AND REGARDLESS OF ANY TONINHA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TONINHA GAMES WILL NOT BE RESPONSIBLE FOR MORE THAN THE AMOUNT PAID TO TONINHA GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE, IN THE PERIOD OF SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR RIGHT WAS INVOCHED. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TONINHA GAMES DURING SUCH TIME INTERVAL, YOUR SOLE REMEDY (AND TONINHA GAMES' EXCLUSIVE RESPONSIBILITY) FOR ANY DISPUTE WITH TONINHA GAMES IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.

. IN PARTICULAR, NOTHING IN THESE TERMS OF USE SHALL AFFECT THE LEGAL RIGHTS OF CONSUMERS OR EXCLUDE OR RESTRICT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM FAULT OR FRAUD ON THE PART OF TONINHA GAMES.

You agree to indemnify, defend and hold harmless Toninha Games (and its officers, directors, agents, subsidiaries, joint venture and employees) from claims, demands, damages or other losses, including reasonable attorneys' fees, claimed by third parties arising out of and/or arising out of your use of the Service, or your violations of these Terms of Use. However, the above provisions will not apply if the violation of rights is not attributable to willful or culpable conduct.

8. Dispute Resolution and Law

In the event of a dispute between you and Toninha Games, we recommend that you first contact us directly to seek a solution by going to our customer support website at http://toninhagames.com/support/ (the link is available in English and Portuguese). If you reside in the United States, these Terms of Use and any disputes arising out of or relating to or arising out of, or relating to, these Terms of Use or the Privacy Policy or Service shall be governed in all respects by the laws in effect in the State of California, without regard to provisions of conflicts of law. You agree that any claim or dispute you may have against Toninha Games must be resolved exclusively by a court located in San Francisco, California. If you reside outside the United States of America, you agree that all disputes between you and Toninha Games will be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Toninha Games must be resolved exclusively by a court located in Helsinki Finland.

9. Independence of Contractual Clauses

It is agreed between you and Toninha Games that, if any part of these Terms of Use or Toninha Games' Privacy Policy is considered illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision, in concerning the respective jurisdiction, shall be void only with respect to such determination of invalidity or unenforceability, without prejudice to its validity or enforceability in other jurisdictions, without prejudice to the remaining provisions of the terms, which shall remain in full force and effect.

10. General Provisions

10.1. Assignment

Toninha Games may assign or delegate these Terms of Use and/or Toninha Games' Privacy Policy, in whole or in part, to any natural or legal person, at any time, with or without your consent. You may not assign or delegate rights or obligations set forth in the Terms of Use or the Privacy Policy without the prior written consent of Toninha Games, any assignment or delegation that is made without proper authorization being considered invalid.

10.2. Complementary Policies

Toninha Games may publish additional policies related to specific services, such as forums, contests or loyalty programs. Your right to use these services is subject to such specific policies and these Terms of Use.

10.3. Completeness of the Contract

These Terms of Use, the Complementary Policies and the documents expressly incorporated for reference purposes in this document (including Toninha Games' Privacy Policy) constitute the entire agreement between you and Toninha Games, and replace all previous understandings of the parties regarding the matter in question, whether electronic, oral or written, or established by usage, practice, policy or precedent, between you and us in connection with the Service.

10.4. Absence of Waiver

Failure on the part of Toninha Games to demand from you, or enforce your strict compliance with the provisions of these Terms of Use or Toninha Games' Privacy Policy, or even failure to exercise the rights provided for in said instruments cannot be interpreted as a waiver or waiver of the right by Toninha Games to claim such provisions or to avail themselves of them on other occasions.

The express waiver by Toninha Games of provisions, conditions or requirements of these Terms of Use or the Privacy Policy of Toninha Games will not constitute a waiver of future obligations to comply with such provisions, conditions or requirements.

Except as expressly and specifically provided in these Terms of Use, no statement, affirmation, authorization, waiver, or other acts or omissions by Toninha Games will be considered modifications of these Terms of Use and will not be legally binding, unless physically documented in writing. and hand-signed by you and a designated director of Toninha Games.

10.5. Notices

We may send you notices through publications on the website www.toninhagames.com and through e-mail or other means of communication through the contact details provided by you. All notices given to you or required from you in these Terms of Use or in Toninha Games' Privacy Policy must be in writing and addressed to Toninha Games. Notices you provide in breach of this Notices Section will not be legally binding.

10.6. equitable guardianships

You acknowledge that the rights granted and the obligations assumed under these Terms of Use for Toninha Games are of a unique and irreplaceable nature, the loss of which will cause irreparable damage to Toninha Games that cannot be replaced only by monetary indemnities, so that Toninha Games will be entitled to obligations of doing or other equitable remedies (without obligations to post bond or guarantee or proof of damages) in the event of breaches or anticipatory breaches caused by you.

You irrevocably waive the rights to seek guardianship of obligation to do or other guardianship in equity, or to legally prohibit or restrict the operation of the Service or games of Toninha Games, the exploitation of any type of publicity or other materials issued for such purposes. , or exploitation of the Service or content or other materials used or displayed through the Service, and you agree to limit your claims to monetary damages, limited by Section 7 (if any).

10.7. force majeure

Toninha Games will not be responsible for delays or omissions in performance resulting from causes beyond Toninha Games' reasonable control, including, but not limited to, omissions in performance provided for in this document caused by unforeseen circumstances or by causes that are beyond the control of Toninha Games. Toninha Games, such as war, terrorism, disorders, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of means of transport, fuel, energy, labor or materials or other causes of force majeure.

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