Web site Policy and Terms of Usage
Your privacy is extremely important to us. To better protect your privacy, we provide this notice explaining our Web service online practices. To make this notice easy to find, we have prominently linked it from our home page and at the bottom of most pages throughout the web service. While we are extremely committed to your privacy, we also encourage our customers to use discretion when using Fatamorgana services ("the services").
We reserve the right to collect information that users explicitly provide or implicitly provide via usage patterns, navigation, interactions using the Fatamorgana web services.
If you request to be contacted about our services or provide comments to Fatamorgana via the Web service, we may collect some or all of the explicit information such as your Name, Title, Company, Mailing Address, Email, and Phone number, as well as any comments or preferences specified. Furthermore, if you register to use Fatamorgana services, we collect all information provided during registration. We reserve the right to collect any implicit information. However, the information will not be used for personally identifiable purposes.
In general we will release user information when we believe it is necessary to comply with law, enforce or apply our Terms of Use; or protect the rights, property, or safety of Fatamorgana, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
We may use cookies for authentication purposes.
Fatamorgana reserves the right to change is privacy policy at any time, but will first update this online privacy policy (linked from most pages) and provide some notification that the privacy policy has been updated.
Acceptance of Terms
By using Fatamorgana Web services, you (the "User") are agreeing to abide by the following Terms of Use ("Terms") , any updates, or any other guidelines or rules posted from time to time on our Web site or in connection with our Services, which are hereby incorporated by reference. Fatamorgana reserves the right to modify these terms at any time. As a result, please check the Terms regularly as there may be modifications.
Description of Web Services
Fatamorgana provides collaborative, multimedia enabled knowledge commerce services (" Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms. The Services are provided "AS-IS" and Fatamorgana assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User provided information, communications or personalization settings.
Access
Users must have direct access to the World Wide Web, and pay any service fees associated with such access in order to use the Services. In addition, Users must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Users are required to pay any fees associated with telephone based communications and general Internet access. In addition, all equipment necessary to make such connection to The Services including a telephone, video camera, computer or other access device must be provided by the User.
Your Registration Responsibilities and Obligations
Any User of the Services, agrees to: (a) provide true, accurate, current and complete information about himself or herself as prompted by the Fatamorgana Service's registration forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or Fatamorgana has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fatamorgana has the right to suspend or terminate the User's use of the Services refuse any and all current or future use of the Services.
Your Responsibilities with Respect to Contributed Content
Users may not use Fatamorgana Services to promote, communicate, display materials of a pornographic or racist nature. Fatamorgana reserves the right to remove User provided content that Fatamorgana believes to be offensive.
Fatamorgana Privacy Policy
Registration Data and certain other information about our Users is subject to this Privacy Policy.
The Services are NOT to be used to:
a. send, say or otherwise transmit any Content that is unlawful or tortious; including but not limited to any Content that is proprietary to someone else, or is abusive or harassing.
b. impersonate any person or entity or create a false identity for the purpose of misleading others;
c. manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
d. send, upload, say or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including the Services;
e. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
f. "stalk" another; or
g. collect or store personal data about other Users.
Fatamorgana may preserve Content and may also disclose Content if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of anyone; or (d) protect the rights, property, or personal safety of Fatamorgana, its Users and/or the public.
The technical processing and transmission of the Services, including any and all Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
International Use of Services
Recognizing the global nature of the Internet, the User must comply with all local rules regarding online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from Portugal or the country in which he or she resides.
Indemnity
The User agrees to indemnify and hold Fatamorgana, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content sent, said or transmitted via the Services, the use of the Services, the connection to the web site providing the Services, the violation of the Terms, or the violation of any rights of another.
No resale of Services
No portion of the Services, use of the Services, or access to the Services may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes, without a prior written agreement with Fatamorgana.
General Use and Storage Practices
Fatamorgana may establish general practices and limits concerning use of the Services, including, but not limited to, the maximum number of times (and the maximum duration for which) a User may access the Services in a given period of time.
Service Modifications
Fatamorgana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Fatamorgana shall not be liable to any party for any modification, suspension or discontinuance of the Services.
Termination
Fatamorgana, in its sole discretion, may terminate any User's privledges including removal of the Services, and remove and discard any Content within the web site, for any reason, including, without limitation, for lack of use or if Fatamorgana believes that the User has violated or acted inconsistently with the letter or spirit of the Terms. Fatamorgana may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. Any termination of a User's access to the Services under any provision of this Terms may be effected without prior notice, and Fatamorgana may immediately deactivate or delete any Users and all related information. Furthermore, Fatamorgana shall not be liable to anyone for any termination of access to the Services.
Fatamorgana Proprietary Rights
The Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to anyone through use of the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No User or third party may modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part, without a prior written mutual agreement with Fatamorgana.
Fatamorgana grants its Users a personal, non-transferable and non-exclusive right and license to use the object code of its software; provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software, without a prior written agreement with Fatamorgana. The User must not modify (and must not allow any third party to modify) the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Services, without a prior written mutual agreement with Fatamorgana. The Services may not be accessed by any means other than through the interface that is provided by Fatamorgana, except in the case of an Fatamorgana authorized reseller, redesigner, and/or reengineer.
Dislaimers of Warranties
A. USE OF THE SERVICES IS AT THE USER'S SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, Fatamorgana EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Fatamorgana MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET THE USER'S REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR RELIABILITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET ANY USER'S OR THIRD PARTY'S EXPECTATATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER'S DISCRETION AND RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fatamorgana OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXRESSLY STATED IN THE TERMS.
Limitation of Liability
Fatamorgana SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Fatamorgana HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM; (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OBTAINED OR MESSAGES THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE TWO PARAGRAPHS LIMITATIONS MAY NOT APPLY TO THE USER.
Notice
Notices to Users will be made using the Services. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices.
Trademark Information
Fatamorgana, the Fatamorgana logo and other Fatamorgana logos and product and service names are trademarks of Fatamorgana. No one may display or use any Fatamorgana trademarks in any manner, without Fatamorgana's prior written permission.
Copyrights
Fatamorgana respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Fatamorgana by clicking here .
General Information
The Terms and any Services requirements constitute the entire agreement between the User and Fatamorgana and govern all use of the Services, superseding any prior agreements between the User and Fatamorgana. Additional Terms may apply when third-party content, material and/or information is transmitted, accessed or used. The Terms and the relationship between the User and Fatamorgana shall be governed by portuguese laws without regard to its conflict of law provisions.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the Terms by clicking here.
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