Organya - Terms and Conditions
Last Updated Date: January 26th, 2024
1. INTRODUCTION
The following Terms & Conditions of Use (“Terms & Conditions”) govern the access and usage of the website organya.world (“Website”), made available by Fantasy Revolution, S.A., a company duly incorporated in accordance with the laws of Portugal, with its registered office at Rua Barata Salgueiro, n.º 33, piso 9, 1250-042 Lisboa, registered with the Commercial Registry Office under the sole identification and registration number 513.810.951 (“we”, “us”, or the “Company”).
Please carefully read the following Terms & Conditions before using the Website, since it contains essential information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you.
By using the Website, clicking “I Accept” when prompted, or indicating your acceptance in an adjoining box, you confirm that you understand and agree to abide by all of these Terms & Conditions.
If you are accepting these Terms & Conditions on behalf of a company or another legal entity, you assert that you have the legal authority to accept these Terms & Conditions on behalf of that entity, in which case “you” will refer to that entity. If you do not possess such authority, or if you do not agree with all of these Terms & Conditions, we will be unwilling to provide access to the Website. As a result, if you disagree with these Terms & Conditions, you should refrain from accessing or using the Website.
These Terms & Conditions include an arbitration provision (referred to in Section 15). Please carefully review such arbitration provision, as it impacts your rights.
You may not use the Website if you:
- Do not agree to these Terms & Conditions;
- Are not or legal age in your place of residence; or
- Are prohibited from accessing or using the Website or any of the Website’s contents, products, or services in accordance with applicable law.
2. ORGANYA GAME
The Website features the Organya game (“Organya”), which is a Web-3 turn-based football strategy game built on the BNB Smart Chain blockchain network (“BSC”). In Organya, players have the opportunity to build a deck of collectible moments, which are comprised of video highlights from iconic football players (“Moments”). Players can then engage in 1v1 matches using their Moments deck to compete in Organya.
To set up an account, you shall follow the following steps:
- Access the Website;
- Associate a Web-3 Wallet, your E-mail account, or other well-known platforms such as Facebook, Apple, Discord, and Google with your account;
- Once the account is linked with your chosen platform, you can download Organya.
- Install Organya on your device;
- Retrieve the required login code from within Organya.
When setting up an account, you should previously consider the following elements:
- Electronic Wallet: You'll need to use a supported electronic wallet like Metamask. This wallet will enable you to mint and store the Moments you acquire via the Website;
- Non-Fungible Tokens: Each collectable Moment on the platform is represented as a Non-Fungible Token (“NFTs”) on the BSC;
- Transactions: You can use your electronic wallet to purchase, store, and conduct transactions, in accordance with the rules mentioned below. This can be done using a credit card or one or more cryptocurrencies accepted by Organya. All transactions that occur on the Website are managed and confirmed via the BSC. Please be aware that your BSC public address will become publicly visible when you engage in a transaction on the Website;
- Accessing Information: Through the Website, you can access a specific landing page that provides comprehensive information about Organya and the applicable Terms & Conditions for the game. For more detailed information, please refer to the Website.
3. PURCHASING MOMENTS, TICKETS AND ENTRIES
Within the Website, you have the option to acquire Moments through the Website's marketplace from fellow players ("Marketplace”). When you purchase an individual Moment from another user in the Marketplace, you'll have full knowledge of the specific Moment you are acquiring.
Additionally, you can obtain Moments by purchasing packs (each, as a "Pack"). Various types of Packs are available for purchase through the Website, and please be aware that we reserve the right to make changes to the types, prices, and quantities of Packs offered at our discretion. Depending on the specific Pack you choose to purchase, you'll receive Moments of different scarcity levels. We will provide information about the types of Moments included in a Pack before you make the purchase. You will also have full knowledge of the specific Moments you are acquiring with each Pack.
In this regard, the Website facilitates a dropbook feature which allows to you organize your Moments into collections and show them to your friends (“Dropbook”). By making progress in the completion of each rarity tier of the Dropbooks, you will unlock multiple milestones that will grant you different rewards. There will be one specific Dropbook for each NFT pack drop and every Dropbook must be filled with NFTs from its respective collection. The rewards in the Dropbook may vary between collections.
Please, keep in mind that the value of each Moment is inherently subjective. In the same way, the value of other collectables is intrinsically subjective. Each Moment has no inherent or intrinsic value. Some collectors might prefer a Moment featuring a certain player, while another might prefer an equivalent Moment featuring a different player. Each player can have more than one Moment associated with them, and those Moments will each have different characteristics making them unique among themselves.
It is strongly recommended that you acquire Moments exclusively through Packs or on the Marketplace. Should you decide to obtain Moments in any other manner, please understand that such purchases will be made entirely at your own risk. For more information, please refer to the following link: https://organya.world/how-to-collect.
As a complementary note, we have implemented a system on our Website which users can quickly and effortlessly acquire $FEVR (in BSC or Ethereum networks), $BNB and $ETH. This service is provided by a third-party, being fully responsible for the operation of the on-ramp system.
In addition, the Website also provides a Ticket Shop that serves as the hub where you can acquire participation Tickets (“Tickets”) for the Organya game. Such Tickets are purchasable using multi-tokens, such as $FEVR, $BNB, and #ETH.
Within the Ticket Shop, the game modes ticket category takes precedence, followed by the availability of Tickets for purchase using specific tokens. In other words, if you wish to engage in an Organya playoff game using $FEVR tokens, you should navigate to the playoff Tickets category, proceed to acquire $FEVR Tickets, and subsequently deposit them for gameplay. Hence, playing a game presupposes the deposit of the acquired Ticket, and each one is associated with a specific expiration date.
Finally, the Website also facilitates a predictive gaming experience (Yankar – Predictor). Success in this game involves accurately forecasting and selecting the player and minute at which a goal will be scored. Participation requires the acquisition of entries (“Entries”), with each entry serving as a credit for eligibility in making predictions.
Please note that if you predict that, for instance, a certain player will score in the 10th and 70th minutes, this will amount to 2 (two) separate entries. Similarly, predicting goals for two different players at two different Moments of the game results in 4 (four) entries.
Ultimately, prizes are distributed via airdrop to users who correctly predicted the outcomes. The nature of the prize, represented as a Moment of the goal, is contingent upon the number of winning wallets. For instance, if the correct predictions are distributed among more than one but fewer than 50 (fifty) wallets, the rarity of the awarded Moment is deemed Legendary.
As previously emphasized, it's important to recognize that the perceived value of each prized Moment is inherently subjective. No inherent or intrinsic value is associated with each Moment. Additionally, please be aware that we assume no responsibility for any losses that may occur as a result of participating in the Yankar – Predictor game.
4. PAYMENT, GAS FEES, TAXES
With regard to transactions conducted on the Website, it is relevant to keep in mind:
- Payment and Transactions: All payments and transactions conducted on the Website exclusively take place through the BSC. As a result, as the service providers, we have no control or authority to reverse any payments or transactions initiated through the BSC;
- Liability: We hold no liability for any claims or damages arising from payments or transactions you undertake via the BSC. This extends to both you and any third parties involved;
- Refunds: We do not offer refunds for any purchases made on the Website, as they are irreversible due to the immutable characteristics of blockchain technology. This applies to acquisitions of Moments, Packs, Tickets, and Entries or any other content available on the Website;
- Immediate Access: Upon completing a purchase, we will grant you immediate access to the acquired Moments, Packs, Tickets, Entries, or any additional content. There is no waiting period for a 14-day retraction period;
- Waiver of Right of Withdrawal: Due to the digital nature of the content and its immediate delivery after purchase, the withdrawal period as stipulated in Article 17º of Decree-Law no. 24/2014, dated February 14th, does not apply. By purchasing any type of content on the Website, you expressly waive your right of withdrawal.
In addition, every transaction conducted on the BSC requires the payment of a transaction fee ("Gas Fee”). These Gas Fees are essential for funding the network of computers responsible for running the decentralized services available through the Website and the BSC. Consequently, for each transaction you initiate through the Website, you are obligated to pay a corresponding Gas Fee.
It is important to note that, unless stated otherwise in these Terms & Conditions, you, as the user, bear full responsibility for covering the Gas Fee associated with any transaction you promote through the Website.
Finally, be aware that you, as the user, bear full responsibility for the payment of any applicable taxes, including sales, use, value-added taxes, and other levies (collectively referred to as "Taxes") associated with your utilization of the Website.
These Taxes may be imposed by governmental authorities, whether they exist at the time of your usage or are introduced subsequently, and they pertain solely to your use of the Website.
With the exception of income taxes assessed on us as the service provider, you are required to fulfil the following obligations:
- Pay or reimburse us for all taxes and assessments demanded by any jurisdiction. This includes value-added taxes, taxes mandated by international tax treaties, customs duties, import or export taxes, and any similar amounts based on charges, services, or payments executed under these Terms & Conditions;
- You are not entitled to deduct the sum of such taxes, duties, or assessments from payments made to us, including any Gas Fees, as stipulated by these Terms & Conditions.
5. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
Your ownership of Moments will only be recognized by us if you have purchased or rightfully acquired them from a legitimate source, excluding any of the activities referred to in Section 6, Points 8 to 12.
For clarity, certain terms in this Section are defined as follows:
- Art: includes any art, design, and drawings associated with a Moment;
- Own: means having purchased or rightfully acquired a Moment from a legitimate source, with proof of such purchase recorded on the BSC;
- Purchased Moment refers to a Moment that you Own;
- Third-Party IP: pertains to third-party intellectual property rights.
5.1 OWNERSHIP OF MOMENTS
When you purchase a Moment under these Terms & Conditions, it becomes exclusively owned by you since each Moment is an NFT on the BSC. This ownership grants you the right to swap, sell, or give away the Moment. Ownership is mediated through the BSC.
We will not seize or freeze any Moment unless we determine that it has not been rightfully acquired from a legitimate source or has been involved in any activities referred to in Section 6, Points 8 to 12.
5.2 USER LICENSE TO ART
You are granted a worldwide, non-exclusive, non-transferable, royalty-free license to use and display the Art for your purchased Moments under specific conditions.
These conditions include personal, non-commercial use, usage within a marketplace for buying and selling Moments, use in games developed by us, and inclusion in third-party websites or applications. Restrictions may apply to prevent misuse or unauthorized display of the Art.
5.3 RESTRICTIONS ON OWNERSHIP
You are prohibited from modifying the Art for your purchased Moments, using it for advertising third-party products or services, or associating it with hate speech or harmful content.
Commercialization of merchandise containing the Art is not allowed without prior written consent. Any attempt to acquire additional intellectual property rights in the Art or use it for commercial purposes is restricted.
5.4 THIRD-PARTY IP
If the Art contains Third-Party IP, you may only use it as incorporated in the Art, and additional restrictions may apply. Compliance with these restrictions is essential, as failure to do so is considered a breach of the license.
5.5 EXPIRATION OF LICENSE
The license granted for Moments in Section 5.2 expires if you no longer Own the purchased Moment, whether through sale, swap, or other forms of transfer. Certain restrictions will survive the termination of these Terms & Conditions.
6. USER COMMITMENT
You undertake to comply with these Terms & Conditions, as well as to comply with any special notices or instructions for use contained herein and to act at all times in accordance with the legislation in force, morality, good customs and the requirements of good faith and established public order, being diligent and refraining from using the Website in any way that may hinder, damage or deteriorate its normal functioning, the assets or rights of the Company, of other users or, in general, of any third-party.
In this regard, you acknowledge that you are accountable for your actions when accessing or using the Website and for any resulting outcomes. Specifically, and without this implying any restriction to the above, you undertake to:
- Provide truthful information about the data requested in the forms available on the Website. In any case, you will be fully responsible for any data or content that you transmit or communicate to us;
- Not to send, upload, distribute or disseminate through the Website any program, data, virus, code or any other physical or electronic device that is likely to cause damage to it, to any of the services, or to any of our equipment, systems, or networks, of any other user or, in general, of any third-party;
- To the maximum extent permitted by applicable law, not to alter, copy, download, modify, decompile, disassemble, reverse engineer, licence, lease, sell or imitate the Website, its contents, or its underlying software;
- Not to send, upload, distribute or disseminate through the Website any content that infringes industrial and/or intellectual property rights or trade secrets of third-parties, nor, in general, any content of which it does not hold, in accordance with applicable legislation, the right to make it available to third-parties;
- Not send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
- Not engage in, promote, encourage illegal activity;
- Refrain from sending, uploading, distributing, or disseminating any content on the Website that includes hate-related or violent material, or any other content, products, or services that breach or promote actions in violation of criminal laws, other applicable regulations, or the rights of third-parties;
- Not impersonate another individual (through the use of an email address or any other means) and refrain from using, deploying, operating, or creating a computer program to mimic the actions of a user (referred to as a "Bots");
- Not engage in the creation of user accounts using automated means or fraudulent pretences;
- Not employ Bots or similar forms of automation to conduct any activity or transaction on the Website. This includes actions such as purchasing Packs, Moments, Tickets, or Entries using automation;
- Not obtain Moments, Packs, Tickets, or Entries through means that are either inappropriate or illegal. This encompasses actions like using a stolen credit card, utilizing a payment mechanism without proper authorization, purchasing a Moment, Pack, Ticket, or Entries and then attempting to reverse the payment, while still retaining ownership, or selling, gifting, or trading the Moment, Pack, Ticket, or Entry to someone else;
- Not facilitate the purchase and sale of user accounts to other users or third-parties for cash or cryptocurrency, outside of the Website.
7. LIABILITY AND WARRANTIES
7.1 LIABILITY – FANTASY REVOLUTION
We are not responsible for any losses that may arise from interferences, omissions, interruptions, computer viruses, malfunctions and/or disconnections in the functioning of the electronic system or in the devices and computer equipment of users, due to causes beyond our control, or delays or use blockages caused by deficiencies or overloads of the Internet or other electronic systems.
In addition, any purchase or sale you engage in, accept, or facilitate outside the Website is done entirely at your own risk. We do not oversee, endorse, or assume any responsibility to indemnify or protect you from any losses you may experience when conducting, or assisting in conducting, transactions outside of the Website.
Likewise, we are not responsible for any use made by users of the content of the Website that may represent a violation of any national or international legislation relating to the protection of intellectual or industrial property rights or any other rights held by third parties. Specifically, each user is solely responsible for the communication of incorrect, false, or third-party information or data without their consent, as well as for the incorrect use thereof.
Similarly, we shall not be held liable for any errors or omissions that may occur in the content of the Website or any other content that may be accessed from it. To the extent permitted by applicable law, we cannot be held liable for any damages arising from the use of the Website, nor for any action taken on the basis of the information provided therein.
You also waive and absolve us, as well as our parent company, subsidiaries, affiliates, and all our and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims arising from any actions taken by us or any of the mentioned parties in connection with investigations conducted either by us, such parties, or law enforcement authorities.
Furthermore, we will not be held responsible or liable for any losses you may incur due to your use of the BSC or your electronic wallet.
These potential losses may include, but are not limited to, situations arising from:
- User errors, such as forgotten passwords or incorrectly executed smart contracts or transactions;
- Server failures or data loss;
- Corrupted wallet files;
- Unauthorized access or activities by third-parties, which can involve viruses, phishing attacks, brute-force attempts, or other means of attack against the Website, the BSC, or any electronic wallet.
Also keep in mind that Moments are intangible digital assets that only exist by virtue of the ownership record maintained on the BSC. All smart contracts take place and are recorded on the decentralized ledger within the BSC. As a result, we have no control over smart contracts, and we do not provide guarantees or promises regarding their execution.
Finally, we are not responsible for any losses stemming from blockchains or other features of the BSC or any electronic wallet. This includes, but is not limited to, issues like late reporting by developers or representatives regarding problems with the blockchain supporting the BSC, such as forks, technical node issues, or any other issues that result in financial losses.
Regardless, we declare that we have adopted and will adopt, as the case may be, all the necessary measures, within its possibilities and the state of the technology, to guarantee the correct functioning of the Website and to avoid the existence and transmission of viruses and other components harmful to users. We reserve the right to interrupt access to the Website at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure or any other reason. In any event, we will endeavour to restore access as soon as possible.
7.2 LIABILITY - USERS
You agree to indemnify and hold us, as well as our parent company, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners, harmless from and against any claim, liability, loss, actual or consequential damage, suit, judgment, litigation costs, and attorney's fees of any kind or nature that may arise as a result of:
- Your violation of these Terms & Conditions;
- Your misuse of the Website;
- Your breach of applicable laws, rules, or regulations in connection with your use of the Website.
You agree that we will have control over the defence or settlement of such claims.
Additionally, if we reasonably believe that you have violated any of the commitments mentioned above, we reserve the right, at our sole and absolute discretion, without notice or liability to you:
- Restrict your use of the Website and/or terminating your account;
- Restrict your electronic wallet from using the Website;
- Disassociate your Moments’ images and descriptions from the Website. This will not affect your ownership rights of any NFTs that you already Own. However, you will not receive a refund of any amount you paid for those Moments;
- If permissible by law, pursue any legal remedies available.
In addition to all the rights mentioned above, if we reasonably believe that you have violated any of the commitments laid down in Section 6, Points 8 to 12, we also reserve the right, under the same terms, to:
- Deem any transaction that took place via or as the result of such activities to be void ab initio;
- Immediately confiscate any Moments (including their underlying NFTs) that were purchased or acquired as the result of such activities.
Upon any termination or expiration of these Terms & Conditions, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to you, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or any third-party.
Similarly, without prior notice, we have the authority to initiate suitable legal proceedings, including, but not limited to, referring matters to law enforcement or regulatory authorities, or informing the affected party about any unlawful or unauthorized use of the Website.
Furthermore, without restricting the foregoing, we possess the right to wholeheartedly collaborate with any law enforcement agencies or court orders that request or instruct us to reveal the identity or other data of any individual using the Website.
7.3 LIMITATION OF LIABILITY
You understand and agree that we, along with our parent company, subsidiaries, affiliates, and licensors, will not be liable to you or any third-party for any indirect, incidental, special, consequential, or exemplary damages, regardless of how they are caused and under any legal theory.
These damages may include, but are not limited to, loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of obtaining substitute goods or services, diminution of value, or any other intangible loss, even if we have been informed of the possibility of such damages.
You also agree that our total and aggregate liability to you for any claims arising from these Terms & Conditions or your access to, use of, or inability to access or use any part of the Website, whether based on contract, tort, strict liability, or any other legal theory, is limited to the greater of the actual and lawful payments you made to us under these Terms & Conditions in the two-month period preceding the date when the claim arose.
Finally, you acknowledge and agree that we have provided the Website to you and entered into these Terms & Conditions with the understanding of the representations, warranties, disclaimers, and limitations of liability outlined herein. These Terms & Conditions reflect a reasonable and equitable allocation of risk between us and you and are an essential foundation of the agreement between us. Without these limitations, we would not be able to provide the Website to you.
8. ASSUMPTION OF RISK
In this regard, please consider the following:
- Value and Volatility: Prices of collectable blockchain assets, like Moments, are highly volatile and subjective, and they do not possess any inherent or intrinsic value. The value of Moments can fluctuate significantly due to factors such as the prices of other digital assets. There is no guarantee that Moments will maintain their original value, as the value of collectibles is inherently subjective. External factors beyond our ecosystem can significantly impact the value and desirability of any particular Moment;
- Tax Calculations: You are solely responsible for determining the applicable taxes for transactions involving Moments. We do not provide tax calculations or determine tax liabilities for your transactions on the Website;
- Use of Blockchain: Moments are not stored, sent, or received through the Website. Instead, they exist solely within the ownership record maintained on the supporting blockchain in the BSC. Any transfer of Moments occurs within the supporting blockchain in the BSC, not on the Website;
- Inherent Risks of Using Cryptocurrencies: Using cryptocurrencies, such as Moments, comes with various risks. These risks encompass issues related to hardware, software, internet connections, the introduction of malicious software, and the potential for third parties to gain unauthorized access to information stored in your electronic wallet. We are not responsible for communication failures, disruptions, errors, distortions, or delays you may encounter while using the BSC, regardless of the cause;
- Regulatory Uncertainty: The regulatory landscape governing blockchain technologies, cryptocurrencies, and tokens is uncertain and subject to change. New regulations or policies could have a significant adverse effect on the development of the Website and, consequently, on the utility and value of your Moments;
- Software Risks: Upgrades to the BSC, hard forks within the BSC, or changes in transaction confirmation methods on the BSC can unintentionally impact all blockchains using the BNB’s NFT standard, including the Website. These changes can introduce unforeseen and adverse effects.
- Prediction Risks: Users are responsible for and aware that they may incur in losses as a result of participating in the Yankar – Predictor game. We strongly encourage users to engage in responsible play and exercise skill to the best of their ability when making predictions, while ensuring adherence to legal parameters defined by law and the rules foreseen in these Terms & Conditions.
9. THIRD-PARTY LINKS
As previously mentioned, the Website may contain hyperlinks to other websites or resources (collectively referred to as “Third-Party Links") provided for the convenience of our users. In this regard, these Terms & Conditions do not apply to such Third-Party Links. We cannot control the information, content, products, or services provided by third-parties that link to the Website, and the access to them via the Website, nor does this imply that we recommend or approve their content.
Therefore, you acknowledge and agree that we are not responsible for the availability of Third-Party Links, and we do not endorse any advertising, products, or other materials on or made available from these Third-Party Links.
Furthermore, you acknowledge and agree that we are not liable for any loss or damage that may occur due to the availability or unavailability of Third-Party Links or as a result of your reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, these Third-Party Links.
10. FORCE MAJEURE
We shall not be held liable to you, nor considered in default or breach of these Terms & Conditions, in the event of any failure or delay in fulfilling or performing these Terms & Conditions, when such failure or delay is caused by the following force majeure events ("Force Majeure Events”):
- Acts of God;
- Flood, fire, earthquake, epidemics, pandemics, tsunami, explosion;
- War, invasion, hostilities (whether declared or not), terrorist threats or acts, riot, or other civil unrest;
- Government orders, laws, or actions;
- Embargoes or blockades in effect on or after the date of this agreement;
- Strikes, labour stoppages, slowdowns, or other industrial disturbances;
- Shortage of adequate or suitable internet connectivity, telecommunication breakdown, or shortage of adequate power or electricity;
- Other similar events beyond our control.
If we encounter a Force Majeure Event, we will make reasonable efforts to promptly inform you of the event, including the expected duration. We will diligently work to resolve the issue and minimize the effects of the Force Majeure Event. We will resume fulfilling our obligations as soon as reasonably possible after resolving the cause. If our failure or delay persists for 45 (forty-five) consecutive days following our written notice to you as outlined in this Section, we may subsequently terminate these Terms & Conditions with 15 (fifteen) days' written notice.
11. CHANGES TO THE WEBSITE
We are constantly innovating the Website to help provide the best possible experience. As a result, we reserve the right to change these Terms & Conditions at any time. Any changes to these Terms & Conditions will become effective on the "Last Updated Date" indicated at the top of this page. Consequently, we recommend that you review these Terms & Conditions prior to utilizing the Website or using any of the services accessible through the Website.
Continuing to use the Website after the “Last Updated Date” will signify your acceptance of a consent to these alterations.
12. INTELLECTUAL PROPERTY
The Website and all its contents, encompassing but not limited to articles, opinions, texts, lists, user manuals, photographs, drawings, images, video clips, audio, marketing texts, trademarks, logos, domain names, and other elements subject to property rights (including source codes) and/or other intellectual property rights ("Materials"), are either the property of the Company or are utilized with authorization from third-parties. They are protected against unauthorized use, copying, or disclosure by national laws and international treaties related to intellectual property rights.
Nothing in these Terms & Conditions or the content on the Website should be interpreted as granting, accepting, or otherwise providing the right to use any Material in any way without the prior written consent of the Company or the third-party owner of the Material or the intellectual property rights published on the Website.
The use, copying, reproduction, modification, republishing, updating, downloading, e-mail transmission, distribution, duplication, or any other misuse of the Material not explicitly identified but of a similar nature is strictly prohibited. As user, you agree not to use the Material for any unlawful purpose and not to infringe upon the rights of the Company.
Nevertheless, you may view and display the Website's contents and Materials on a computer or electronic device screen, store such content electronically on a personal disk (excluding servers or internet-connected storage devices), or print such content for personal, non-commercial use. It is essential to preserve all information related to intellectual property rights.
Access to the Website does not grant the User any rights to the content provided by the Company. Likewise, you have the option to provide feedback about the Website. By submitting feedback, you agree that we can use it at our discretion without additional compensation to you.
We are granted a license to use your feedback for any purpose, and you grant us the necessary rights to do so.
13. DATA PROTECTION
Our Privacy Policy describes how we collect, use, store and disclose your personal information, and is hereby incorporated into these Terms & Conditions. You agree to the collection, use, storage, and disclosure of your data under our Privacy Policy and Cookie Policy.
14. CHILDREN
The Website is not designed for individuals under 18 years of age. If you are under 18, you are not permitted to use the Website. We do not intentionally gather information from, or direct our content towards, individuals under 18 years of age.
If we become aware or have reason to believe that you are under the age of 18, we will be required to disable your access to the Website. Additionally, different countries may have varying minimum age requirements for providing consent for data collection. If you are below the minimum age required for data consent in your country, you are not eligible to use the Website.
15. DISPUTE RESOLUTION
You agree to waive your rights to litigate claims in a court. Keep in mind that some rights you might have if you were to pursue litigation in a court may not be available or may be limited in arbitration.
Furthermore, you expressly give up your right to a trial by jury. You also expressly forfeit your right to participate as a member of a class of claimants in any lawsuit, including, but not limited to, class action lawsuits involving any such dispute.
All disputes arising from this contract or related to any legal relationship derived from it will be resolved through arbitration conducted by the Arbitration Centre of the Portuguese Chamber of Commerce and Industry ("Arbitration Centre"). The Arbitration Centre will be the appointing authority, and the case will be administered in accordance with its Rules. The place of arbitration will be Lisbon, Portugal.
Each party will be responsible for covering its own fees and costs related to the arbitration proceedings. However, if the arbitrator determines that you cannot afford to pay the reasonable fees and expenses associated with the arbitration, we will pay them on your behalf.
The arbitrator's decision will be final and binding, and any judgment based on the arbitrator's decision can be entered in any court with competent jurisdiction. The parties agree not to appeal any arbitration decision to any court.
In spite of the above, we reserve the right to seek injunctive relief in any jurisdiction, in any court with competent jurisdiction. You acknowledge that we can enforce these Terms & Conditions specifically through injunctive relief and other equitable remedies without requiring proof of monetary damages.
16. MISCELLANEOUS
These Terms & Conditions, our Privacy Policy and Cookie Policy constitute the complete legal agreement between you and us, governing your access to and use of the Website. They supersede any previous or contemporaneous agreements, whether oral or written, between you and us regarding your use of the Website.
These Terms & Conditions do not confer rights or remedies upon any person or entity other than you.
The language in these Terms & Conditions will be interpreted based on its fair meaning and not strictly in favour of or against any party.
If any part of these Terms & Conditions is found to be invalid, illegal, void, or unenforceable, that portion will be considered severed from these Terms & Conditions and will not affect the validity or enforceability of the remaining provisions.
Our failure or delay in exercising or enforcing any right or provision in these Terms & Conditions will not be seen as a waiver of the future exercise or enforcement of such right or provision. Waivers of any right or provision in these Terms & Conditions will be effective only if in writing and signed by a duly authorized representative on our behalf.
All matters related to these Terms & Conditions will be governed by and construed in accordance with the laws of Portugal, applicable therein, without considering any choice or conflict of law provision or rule.
We may deliver notices to you (including changes to these Terms & Conditions) via e-mail or through postings on the Website. By providing us with your e-mail address, you consent to receive notices via e-mail. Notices sent by e-mail will be effective upon sending, and notices provided by posting will be effective upon posting. It is your responsibility to maintain an up-to-date e-mail address.
You may not assign any of your rights or obligations under these Terms & Conditions without our prior written consent, whether by operation of law or otherwise. We may, at our sole discretion, assign our rights and obligations under these Terms & Conditions to an affiliate or in connection with an acquisition, sale, or merger.