Milene Neves
Attn: Copyright Agent
Rua Daciano Baptista Marques, n.º 245, 2.º andar - Lake Towers - Edifício
D
Vila Nova de Gaia, Porto 4400-617
Portugal
18.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
19.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our
Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
20.
GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Portugal, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your country
to residence. Criterio Implacavel Unipessoal LDA and yourself both
agree to submit to the non-exclusive jurisdiction of the courts of Vila Nova de
Gaia, which means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in Portugal, or in the
EU country in which you reside.
21.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms
shall be determined by one arbitrator who will be chosen in accordance with the
Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is
filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Vila Nova de Gaia, Portugal. The
language of the proceedings shall be English. Applicable rules of substantive law
shall be the law of Portugal.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
22.
CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
23.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) your Contributions; (2)
use of the Services; (
3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (
5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
26.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
27.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than
electronic means.
28.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
29.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these
Legal Terms.
30.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Criterio Implacavel Unipessoal LDA
Rua Daciano Baptista Marques, n.º 245, 2.º andar - Lake Towers -
Edifício D
Vila Nova de Gaia, Porto 4400-617
Portugal