Milene Neves
Attn:
Copyright Agent
Rua Daciano Baptista Marques, n.º 245, 2.º andar - Lake Towers
- Edifício D
Porto,
Vila Nova de Gaia
44006
Portugal
16. 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.
17. 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.
18. 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.
Binary Round Unipessoal LDA and yourself both agree to
submit to the
non-exclusive jurisdiction of the courts of Porto, 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.
19. 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.
20. 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.
21.
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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. VOICE RECORDING
By using our services you allow the
recording of your
voice to be performed and processed only with the final interest of providing
our service, having in
consideration that this recording will immediately be deleted after the voice
process has finish its
work.
29. 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:
Binary Round Unipessoal LDA
Rua Daciano Baptista Marques, n.º 245, 2.º andar -
Lake Towers -
Edifício D
Vila Nova de Gaia
, Porto
4400-617
Portugal
Phone: +351 968 659
582
