Terms of Use
Courtesy translation. This document is a courtesy translation of the Portuguese Terms of Use. It is provided for convenience only; in case of any conflict or divergence, the Portuguese version prevails.
Welcome to VGS Comm (the "Platform"), a social community for video game collectors where you can catalogue your game shelf, share photos, chat, create events and trade games and consoles with other users.
These Terms of Use (the "Terms") are an agreement between you (the "User") and [RAZÃO SOCIAL], registered under CNPJ [CNPJ], with its registered office at [ENDEREÇO COMPLETO] ("VGS Comm", "we"). Please read them carefully before using the Platform.
1. Acceptance of the Terms
1.1. By creating an account, accessing or using the Platform, you state that you have read, understood and fully agree with these Terms and with the Privacy Policy.
1.2. When you register, we record the version of these Terms you accepted and the date and time of acceptance as evidence of consent.
1.3. If you do not agree with any provision, do not use the Platform.
2. Definitions
- Platform: the VGS Comm website, applications and services.
- User: an individual who creates an account and uses the Platform.
- User Content: texts, photos, captions, hashtags, messages, listings, bids, offers and other materials you submit.
- Negotiation: a reverse auction, offer, trade or sale arranged between Users.
- Item: a game, console, accessory or other product listed.
3. Eligibility and registration
3.1. To trade (create auctions, place bids, make or accept offers, arrange trades or sales), you must be 18 years of age or older and have full legal capacity. Users under 18 may only browse public content, under the supervision of a legal guardian, and may not trade or submit personal data for that purpose.
3.2. You must provide true, complete and up-to-date information when registering and keep it up to date.
3.3. Creating fake accounts, duplicate accounts to circumvent sanctions, or impersonating another person, brand or company is prohibited.
3.4. Accounts are personal and non-transferable; you are responsible for all activity carried out with your credentials.
4. Account and security
4.1. Keep your password confidential and do not share access to your account. Notify us immediately of any unauthorized use.
4.2. We may require e-mail confirmation and use anti-abuse mechanisms (such as anti-bot verification) to protect the community.
4.3. You may request the deletion of your account at any time through the channels indicated in the Privacy Policy.
5. Nature of the service
5.1. The Platform is a community and matchmaking environment. VGS Comm is not a party to Negotiations; it does not buy, sell, guarantee the existence, quality, origin, authenticity or delivery of Items, and currently does not intermediate payments.
5.2. Negotiations are entered into directly between Users. Price, payment, shipping, packaging, deadlines and delivery are arranged between the parties, including through the Platform's chat. We recommend caution, receipts and meetings in public places.
5.3. If and when the Platform starts offering payment intermediation or purchase protection services, these Terms will be updated and the specific rules will be presented before you engage them.
5.4. The Platform may change, suspend or discontinue features, always seeking to give Users reasonable prior notice.
6. Auctions, offers and negotiations
6.1. Bids and offers are serious commitments: by submitting them you declare a real intention to negotiate on the proposed terms.
6.2. Manipulating auctions (bid rigging, support accounts, price fixing or coordinated bid withdrawal), harassing participants or using Negotiation data for unlawful purposes is prohibited.
6.3. Diverting Negotiations to external channels in order to defraud Users or circumvent Platform rules, fees or moderation is prohibited.
6.4. The Platform may cancel Negotiations and remove listings that violate these Terms or the law, without prejudice to the sanctions in clause 11.
7. Prohibited conduct
When using the Platform, you agree not to:
- publish, send or share illegal, offensive, defamatory, discriminatory, harassing, threatening, violent or exploitative content;
- violate third-party rights, including intellectual property, image, reputation and privacy;
- commit or facilitate fraud, scams, pyramid schemes, spam, phishing or social engineering;
- collect other Users' data without authorization or use the Platform for abusive prospecting;
- attempt to bypass technical limits, access restricted areas, exploit flaws or overload the infrastructure;
- use unauthorized robots, scrapers or automation;
- use the Platform for activities that violate Brazilian law or any other applicable law.
8. Prohibited content and items
8.1. VGS Comm has a zero-tolerance policy for pornography and illegal commerce. It is strictly forbidden to publish, send, store, list, offer, negotiate or share, by any means on the Platform (posts, photos, captions, chat, events, listings, auctions, offers or profiles):
A. Sexual content and protection of minors
- any pornographic, sexually explicit, nude, erotic or fetish content, including images, videos, audio, text, links or "packs";
- any content involving persons under 18 in a sexual or nude context — a crime under art. 241 of Law 8.069/1990 (Brazilian Child and Adolescent Statute) and related legislation;
- non-consensual disclosure of intimate images (art. 218-C of the Brazilian Penal Code);
- offering sexual services, escorting, prostitution or "adult content";
- grooming, or sexual contact or approach toward minors.
B. Illegal commerce and restricted products
- counterfeit, pirated or unauthorized products — including unauthorized game copies, ROMs, emulators with protected ROMs, hacks, modchips and illegal unlocking (Law 9.279/1996 and Law 9.610/1998);
- goods of illicit origin, stolen or embezzled, or that constitute receiving stolen goods (art. 180 of the Brazilian Penal Code);
- drugs, narcotics, medicines, anabolic steroids and controlled chemical inputs;
- firearms, ammunition, explosives, replicas and restricted accessories;
- smuggled or undeclared goods, public assets, documents, counterfeit coins or banknotes, and cultural heritage items without authorization;
- personal data, databases, credentials, third-party accounts, credit cards and confidential information;
- animals, human body parts, organs, tissues and biological materials;
- unauthorized gambling, betting, raffles and sweepstakes;
- illicit services, including money laundering, fraud, system intrusion and espionage;
- products or services whose sale is prohibited by law or by the terms of the manufacturer, distributor or source platform.
8.2. Publishing hate speech or discrimination (race, color, ethnicity, religion, origin, sex, sexual orientation, gender identity, disability or social condition), apology for crimes, torture, terrorism or violence, and content that improperly exposes children and adolescents is also prohibited.
8.3. The list above is illustrative. We may remove any content or Item that, in our judgement and to protect the community and comply with the law, violates these Terms, applicable rules or third-party rights.
9. User Content and license
9.1. You retain ownership of your User Content and represent that you have the necessary rights to publish it.
9.2. By publishing, you grant VGS Comm a non-exclusive, free and limited license to host, store, reproduce, display and distribute that content within the Platform and in the community's own promotional materials, for as long as necessary to provide the service. This license ends when the content is removed or the account is deleted, except for legal retention obligations and backup copies.
9.3. You are responsible for the content you publish and for the consequences of publishing it.
10. Platform intellectual property
10.1. The VGS Comm brand, name, logo, layout, code and other Platform elements belong to VGS Comm or its licensors and may not be used without authorization.
10.2. Game and console covers, images and names belong to their respective owners and are used only for identification and cataloguing.
11. Moderation, reports and sanctions
11.1. Any User may report content or conduct using the Report button or by e-mailing [E-MAIL DE DENÚNCIAS].
11.2. We may review, hide or remove content, issue warnings, restrict features, suspend or ban accounts, at any time and without prior notice, whenever these Terms, the law or the community are violated or at risk.
11.3. In case of evidence of a crime — especially child pornography, threats, fraud or illegal commerce — we may preserve records and report to the competent authorities, under applicable law, including Law 12.965/2014 (Brazilian Internet Civil Rights Framework).
11.4. You may appeal sanctions by e-mailing [E-MAIL DE CONTATO].
12. Privacy and data protection
12.1. The processing of personal data is described in the Privacy Policy, which is part of these Terms, in accordance with Law 13.709/2018 (LGPD).
12.2. You may exercise your rights (access, correction, portability, deletion, among others) through the channels indicated in the Privacy Policy.
13. Limitation of liability
13.1. The Platform is provided "as is". To the maximum extent permitted by law, VGS Comm is not liable for: (a) Users' conduct, content, Negotiations or defaults; (b) damages arising from Negotiations carried out outside the Platform; (c) unavailability, third-party failures, force majeure or unforeseen events; (d) lost profits, indirect damages or data loss caused by misuse.
13.2. Nothing in these Terms excludes or limits non-waivable consumer rights under Law 8.078/1990 (Brazilian Consumer Protection Code) or liabilities that cannot be limited by law.
14. Suspension and termination
14.1. You may close your account at any time. We may suspend or terminate accounts that violate these Terms or the law.
14.2. After termination, data processing follows the Privacy Policy, including legal retention periods.
15. Changes to these Terms
15.1. We may update these Terms to reflect legal, technical or product changes. The current version, with its date, will always be on this page.
15.2. Material changes will be communicated with reasonable prior notice through the Platform's channels. Continued use after the effective date means acceptance; if you do not agree, you may close your account.
16. General provisions, governing law and contact
16.1. These Terms are governed by the laws of Brazil. The courts of the User's domicile are elected for consumer matters, where consumer law applies, and the courts of [COMARCA] for all other cases.
16.2. If any clause is held invalid, the remaining clauses remain in effect.
16.3. Questions, requests and notices: [E-MAIL DE CONTATO]. Reports: [E-MAIL DE DENÚNCIAS].
16.4. These Terms take effect on the date shown at the top and supersede previous versions.