By using or visiting the website hosted on comaouleve.pt (“Site”) you are, as a user or visitor to it (“User”), agreeing to and accepting these Terms and Conditions of Use and Privacy (“Terms of Use”), which govern the use of the Site.
The Site is owned by COMA OU LEVE, with registered offices at Largo Frei Heitor Pinto 3B 1700-204 Lisboa.
COMA OU LEVE reserves the right to change these Terms of Use at any time by simply posting the changes online on the Site, and it is the User’s sole responsibility to verify and comply with them at the time of each use. Use of the Site after the changes have been published constitutes acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or, in general, with the Terms of Use, you must immediately stop using the Site.
By accessing, using or downloading materials from the Site, the User agrees, on his/her own behalf and/or on behalf of the entity on whose behalf he/she is acting, to comply punctually with the provisions of these Terms of Use, guaranteeing that he/she is empowered to act on behalf of the third party he/she represents, if this is the case.
It is expressly forbidden to access (or attempt to access) the Site through automated means (including the use of scripts or web crawlers).
The use of the Site for purposes other than those for which it is intended, including illegal purposes or any other that may be considered harmful to the image of COMA OU LEVE, is expressly prohibited. Usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition are punishable by criminal law.
Users are also prohibited from creating or introducing into the Website any type of virus or program that damages or contaminates it, or from advising third parties to do so.
COMA OU LEVE reserves the right to:
(i) modify, add or remove parts of the Terms of Use at any time;
(ii) modify, replace, refuse access to, suspend or discontinue the Site, partially or totally. These alterations will take effect from their placement on the Site or from the date of sending any communications.
A) Ownership
All the information contained on the Website and all the data and information compiled by COMA OR LEVE associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) or through its use are considered content of COMA OR LEVE (or of a third party, when duly identified, that owns the respective intellectual property and personality rights). Users are not permitted to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the aforementioned content (partially or totally), unless they have been expressly authorized in writing to do so by COMA OR LEVE or by a third party that owns the respective intellectual property and personality rights.
The User acknowledges and agrees that COMA OR LEVE and/or the duly identified third parties (as applicable) retain all intellectual property rights (whether such rights are registered or not and in any part of the world where such rights may exist) relating to the contents of the Site. COMA OR LEVE and/or the duly identified third parties (as applicable) retain all rights not expressly granted to the User in these Terms of Use.
B) Trademarks and the like
Unless you have been expressly authorized by COMA OR LEVE to do so, nothing in the Terms of Use gives you the right to use any of COMA OR LEVE’s trademarks, service marks, logos, domain names and other distinctive signs.
It is COMA OR LEVE’s policy to respond to notices of alleged copyright infringement that comply with applicable international conventions on intellectual property (including, in the U.S., the Digital Millennium Copyright Act). If you have reason to believe that any content on the Site infringes intellectual property rights, please contact COMA OR LEVE.
As the Site allows hyperlinks to other sites or resources, the User acknowledges and agrees that COMA OR LEVE cannot be held responsible for the improper functioning of all third-party sites that are not controlled by COMA OR LEVE.
The User further confirms and agrees that he/she shall not hold COMA OU LEVE liable, directly or indirectly, for any damage or loss caused by or allegedly resulting from the use of the services made available by the links in question.
COMA OU LEVE is exempt from any liability for damages of any kind in the following cases:
(i) The impossibility or difficulty of connecting to the communications network through which the Site is accessible, regardless of the type of connection used by the User.
(ii) For the interruption, suspension or cancellation of access to the Website, as well as for the availability and continuity of the operation of the Website or its contents, when this is due to (i) either an interruption of the service due to technical maintenance of the website, (ii) or a cause beyond the control of COMA OR LEVE, directly or indirectly arising from it.
(iii) COMA OU LEVE assumes no responsibility for services and content, or for the availability and conditions, technical or otherwise, of access thereto, which are offered by third party service providers, in particular information society service providers. Information society service providers shall mean natural or legal persons who provide the following services to the public: (i) transmission over a communication network of data made available by the recipient of the service, (ii) access services to said network, (iii) data storage or hosting services, (iv) provision of content or information, (v) temporary copying service of data requested by users, (vi) provision of links to content or search tools.
(iv) COMA OR LEVE does not at any time assume responsibility for any damage or harm caused by information, content, products and services – including but not limited to those provided, communicated, hosted, transmitted, displayed or offered by third parties outside COMA OR LEVE – including information society service providers – through a website that can be accessed via a link on this website.
(v) The processing and subsequent use of personal data carried out by third parties outside COMA OR LEVE, as well as the relevance of the information requested by them.
(vi) The quality and speed of access to the Website and the technical conditions that the User must meet in order to access the Website and its services and/or contents.
(vii) COMA OU LEVE shall not be liable for any delays or failures that may occur in the access and/or operation of the services and/or contents of the Website, for reasons of force majeure. Force majeure” shall mean all causes which could not have been foreseen or which, even if foreseen, were unavoidable and give rise to non-compliance with any of its obligations. These include, but are not limited to, strikes, both by its own workers and those of third parties, uprisings or revolts, as well as rules dictated by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lock-outs or any other situation of force majeure.
(viii) Under no circumstances shall COMA OU LEVE be liable for any damages, including indirect damages, special, incidental or punitive consequences, arising from the use of the Website, the services provided and/or the contents thereof.
(ix) The User of the Website shall be personally liable for damages of any kind caused, directly or indirectly, to COMA OU LEVE for breach of any of the obligations arising from these Terms of Use or other rules governing the use of the Website.
Access to and content offered through the Website is, in principle, of indefinite duration. COMA OU LEVE, however, is authorized to terminate or suspend access and/or content at any time.
Any message and/or other content that the User transmits to this Website, whether by e-mail, by sending a file and/or in any other way, will be considered non-confidential and non-reserved. By transmitting a message to this Site, the User automatically grants COMA OR LEVE a free, unrestricted, perpetual, irrevocable and non-exclusive license for COMA OR LEVE to use, reproduce, modify, publish, edit, translate, distribute, perform and/or display such message separately and/or as part of other content in any form, media, or technology that is currently known or that may be developed in the future and to be able to sublicense such rights. The User acknowledges that COMA OR LEVE is free to use any ideas, concepts, know-how or techniques contained in any message that the User transmits to this Site for any purpose whatsoever, including, but not limited to, the development, manufacture and/or marketing of products, and that COMA OR LEVE will not have to compensate the User, nor recognize the User in return for such use. The User agrees not to transmit to this Website any illicit, threatening, accusatory, defamatory, obscene, scandalous, pornographic or profane content and/or any other content that may constitute or promote any conduct in violation of the Law. COMA OR LEVE will cooperate with any law enforcement authorities or court order requesting or ordering COMA OR LEVE to disclose the identity or help identify or locate the User who transmitted such content.
COMA OR LEVE will not communicate the User’s personal data to third parties without their express consent, unless it is obliged to do so by law, to comply with legal processes, to comply with these Terms of Use or to protect the rights, property or security of COMA OR LEVE, its users or its partners.
The Terms of Use contain all the conditions mutually agreed by the parties in relation to the object of the same and any declarations, commitments or promises, verbal, written or implied, prior to these conditions shall be considered non-existent.
The fact that COMA OU LEVE does not require compliance with the conditions set out in these Terms of Use at any given time cannot be interpreted by the User as a waiver of the right to require compliance at a later date.
COMA OU LEVE reserves the right to change, modify, add, supplement or remove any clauses of these Terms of Use, as it sees fit, at any time and without the need for any prior notice. These changes will enter into force immediately after their publication. Therefore, we recommend that the User periodically checks this Terms of Use agreement to keep abreast of any possible updates.
The domain server for this Site records and stores only the information normally recorded by the server by definition, i.e. the Internet protocol address through which the User accessed the Internet; the date and duration of the User’s access to this Site; the Internet address of the site that brought the User directly to this Site. This information will be used to measure the number of visits to the different sections of this Site and to help COMA OU LEVE make this Site more useful to all Users.
NULLITY AND VOIDABILITY
Assuming that any clause of these Terms of Use is null and void, in whole or in part, this nullity or nullity shall not affect the validity of other clauses contained therein, which shall remain fully effective and valid, unless the party claiming their nullity or nullity proves that, without the clause that is null and void, it would not be possible to fulfill the purposes contained in these Conditions.
These Terms of Use are governed by Portuguese law.
The User accepts that the Lisbon District Court shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these Terms of Use or the use of the Site.