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LEGAL REFERENCES
HOME  | Legal References

LEGAL REFERENCES


PROPOSED GOALS FOR THE LIVINGINLISBON.COM SITE

LivinginLisbon.com is a multilingual Internet site intended to inform and encourage idea exchange between those expatriate and Portuguese alike whom, for some reason, have to move into Lisbon and organize their lives in this city.  The information gathered is organized by themes, each theme being made up of many rubrics, articles or dossiers.  There is also a schedule of events showing the major happenings in Lisbon as well as within the various foreign communities.  The site does not pretend to be similar to a Yellow pages service, but rather to give extensive information on both the services and the establishments mentioned in it.

 
LinvinginLisbon.com
pretends to be an attractive, interactive, and convivial site


It has, among others :
- the dossiers, articles and references on an up-to-date basis, a weekly newsletter,
- the possibility for the navigators to give their feed-back on the articles, services, and products presented by the site,
- A grading system that allows both the site and the navigators to classify the products and services offered,
- An extensive list of small on-line ads (real estate, vehicles, parking space for rental, baby-sitting, employment, ...),
- A schedule listing the main activities and events going on among the foreign communities as well as those pertaining to Lisbon’s cultural spectrum,
- Games regularly organized by the site with prizes awarded by both the sponsors that announce on the site and the site itself. (Check playing conditions)

 

THE SITE OFFERS THREE ACCESS LEVELS


1)
A first level accessible to all which gives information on how to move into Lisbon as well as numerous tips to help with daily life in this city.  That information is divided up into dossiers, articles, happenings, rubrics, and references.              

 

            Access to the schedule of events selected by the site.

            Access to other utilitarian services such as weather information, on-line news, and opinion surveys.

            Access to Real Estate ads as well as other publicity shown on the site.

 

    2)    One’s own space within the site, which can be accessed through a simple and free subscription.

 

This subscription is necessary for the placement of ads, making comments on the products and services offered, for suggesting a new dossier, article or rubric, as well as to gain from the promotions offered by the site or one of its partners.

 

3)      A communal private space named “ Avant-Première “ that allows the navigator, in all security and confidentiality, to access and participate in the prize winning games organized by the site.  It permits one to take part in forum debates, to gain from more complete and detailed information on certain dossiers, to benefit from a 20% reduction on all events organized by the site, placements of advertising campaigns paid on an yearly basis, free occasional activities as well as price reductions on stores that sponsor the site.

 

The “Avant-Première” space is accessed through the payment of a member’s fee, which can be paid individually or by a “moral person” representing a group (companies, comities, associations, etc.).  Check the payment conditions under the title VII GENERAL MEMBERSHIP CONDITIONS.

 

Independently from access level, the navigator can, at any moment, subscribe the newsletter without being obliged to any payment.


 

I.     THE OBJECTIVE

 

The hereby shown general conditions aim to regulate the way by which the LivinginLisbon.com site can be accessed and consulted by all navigators, with or without contract, as well as all partnerships pertaining to the site.

 

All navigators abide to respect these conditions on all occasions they visit the LivinginLisbon.com site.

All users recognize knowledge of the present conditions and declare to accept them without any reserves.

 


II.                PROTECTION OF THE RIGHTS TO INTELECTUAL PROPERTY

 

In order to grant access to its LivinginLisbon.com site, BUG DELETE concedes the accepting user a usage license for the information contained in the above-mentioned site.

 

BUG DELETE Lda.   and/or its partners are the sole proprietors to all intellectual property rights pertaining to both the contents and the structure of the LivinginLisbon.com site.  These rights apply worldwide.

 

BUG DELETE Lda allows the visitor the right to copy the totality or part of the site’s contents for stocking with intention of reproducing them on screen or, limited to one copy, reproduction for safeguard and paper print.  This allowance is granted under the assumption of a strictly personal and private usage of the material.  All diffusion or commercialization of the contents, being it partial or total, is strictly forbidden.  Albeit the rights of usage and storage granted above, the user will refrain from reproducing and/or using the commercial marks and logos appearing on the site unless previously authorized by BUG DELETE Lda. to do so.  The navigator will also refrain from modifying, copying, translate, reproduce, sell, publish, exploit, and broadcast under any format the information, texts, photos, images, videos (whole or in part) contained within the site.  All violators of these legal dispositions will be prosecuted and suffer the penalties contemplated by Portuguese law.

 

Neither fee nor paid contract enables any transfer of property rights on the contents of the LivinginLisbon.com site from which the user might benefit.


 III. CONDUCT CODE


1) USAGE OF THE CONFIDENTIAL CODE

 

The identification elements (user name and password) that permit the member to identify himself and access the paying levels of the site are personal and confidential.  The member can change them on-line.

 

The member is entirely responsible for the usage given to the identity elements that concern him.  The member is obliged to keep secret these identification elements and not to divulge them under any form.  In case of either loss or stealing of these elements, the member will choose a new username as well as a new password and notify LivinginLisbon.com by e-mail, courier mail, or fax.

 

Any attempt to make usage of the same identification elements by different terminals will result in the immediate cancellation of all membership rights.

 

2) UTILIZING THE LIVINGINLISBON.COM SITE AND ITS CONTENTS

 

The member obliges to not making use of the LivinginLisbon.com site and more particularly of contents such as small ads, comments, forum, in order to:

 

-         Download, send, transmit by e-mail or any other form contents which are illegal, bothersome, menacing, abusive and can, therefore, be defamatory, vulgar, obscene, invasive of privacy, racist or in any form reprehensible.

 

-         Attempt, in any form, to infringe the rights of other users.

 

LivinginLisbon.com reserves itself the right to suppress any contents that are contrary to the guidelines of its editorial guidance, specially those concerning the sections of small ads, comments, and forum.

 

IV. EDITORIAL PARTICIPATION

 

All visitors to the site, being members or not, might participate on the editorial development of the site by submitting their entry to the LivinginLisbon.com along with the fill-out form available on-line.

 

By submitting the fill-out entry form, the user guaranties:

 The authorship of the proposed entry and the entitlement to its copyrights.

Authorize LivinginLisbon.com to broadcast, publish, and reproduce the contents on its site as well as to add it to its database without any form of payment.

V. INTERNET USAGE RULES

All visitors to the site declare to accept the characteristics and limitations of the Internet and particularly recognize:

That the use given to the information contained within the site is the sole responsibility of the user.  Therefore, LivinginLisbon.com will not be responsible for any direct or indirect damages that might occur from wrongful usage of information contained within the site.

 That the user is the sole responsible for the use he gives to any contents that might be found within sites that are linked to LivinginLisbon.com.  The last declines any responsibility for such contents.

 

-         That the communication of identification elements as well as of all other information that can be considered sensitive and confidential is done at the user’s own risk.

 

-         That there is awareness of the Internet’s nature as well as of its technical performances and timings concerning consultation, demanding, or transferring information. LivinginLisbon.com will not accept any responsibility for malfunctions that might occur while researching in the Internet.

 

-         That the user must take all possible measures to prevent the stored data from being infected by any eventual virus that might be transmitted through the LivinginLisbon.com site. LivinginLisbon.com and its legal representatives will not be, in any way, held responsible for eventual damages that might occur from such a situation.

 

VI.              LIABILITY

 

Even though the BUG DELETE SOCIETY makes an extreme effort to ensure that the contents of its LivinginLisbon.com site are as trustworthy as possible, it cannot, in anyway, guaranty their reliability. These contents are compiled by LivinginLisbon.com, its partners, and quite a few other persons involved in the process, either through e-mail reception or other forms of communication.  For the same reason, BUG DELETE Lda. will not guaranty any usage given to the above mentioned contents.

 

The BUG DELETE Lda. cannot, in consequence, be held responsible by any wrongdoing or damages that might arise from the utilization of the information contained within the site, as well as for errors or omissions that might exist in that same information.  BUG DELETE Lda. also declines any responsibility for the contents of other web sites that might be linked to the LivinginLisbon.com site.

 

As concerning other sites, commercial or not, mentioned in the LivinginLisbon.com site, BUG DELETE Lda. will not be legally be held responsible in any litigation that might arise between any of the above mentioned sites and a user.

 

On the same manner, if a user contracts a service or buys a product from any of the advertisers on the LivinginLisbon.com site, BUG DELETE will not assume any obligation or responsibility concerning the good delivery of products or services offered by its commercial partners.

 

VII. GENERAL CONDITIONS FOR MEMBERSHIP

 1) GOALS

 The present general conditions have the objective of enunciating the conditions and modalities by which the users of the LivinginLisbon.com site might become members of the site’s private club – the “AVANT PREMIÈRE” space

All site memberships shall be done respecting these general conditions.

When subscribing for a membership, the user recognizes having previous knowledge of this conditions and accepts them.

 

NATURE OF SERVICES

The membership gives the user, for a determined length of time, the right to access the site’s communal private space as well as the assemble of services that are at the disposal of the members.

The membership is accepted through the payment of a member’s fee valid at the time of subscription and whose modalities of payment are described under the title “subscription”.

The membership is personal, individual, and non-transmissible

 

2) REQUIREMENTS FOR MEMBERSHIP

 

While subscribing a membership chosen from the different modalities available, the user must give the information demanded in the subscription fill-out form such as name, surname, address, e-mail address, postal code, city of residence, contact telephone, and taxpayer number.  The applying member will then be able to choose both the user’s name and password that will permit access to the area of community/services/club.

The user will receive an e-mail, at the address supplied in the fill-out form, with the confirmation of the membership.

 

The membership offers will have the following characteristics:

 

a)      MEMBERSHIP

 

The user rapidly obtains the membership after the on-line payment.  In case of payment by bank transfer, the membership will be effective with a maximum delay of 48 hours from confirmation of a valid bank transfer.

 

The membership is valid for the duration of one year and it is not renovated by tacit renewal.

 

The member has the possibility of subscribing a new membership before the terminus of the current contract.  The duration of the new membership will be added to the one in course.  This procedure is valid for all types of membership.

With the terminus of a membership without having applied for a renewal, access to the community page is automatically canceled.

 

b)      SPECIAL AND PROMOTIONAL OFFERS

 

BUG DELETE might offer the members special promotions that will be shown on the site during the period for which they will be valid.

The special offers are done through a partnership between enterprises, groups, and professionals of all sorts with whom BUG DELETE Lda has made accords.

 

3)      TARIFFS AND PAYMENT CONDITIONS

 

a)      TARIFFS

 

The current tariff for a year membership is of 42 €  (forty two Euro) payable in one lump sum by all physical persons and not covered by any special offer or promotion.  As concerning moral persons (representing groups) membership fee will be informed upon consultation.

The membership fee is the one being charged at the time of subscription.  Eventual changes in the membership tariff will not affect those contracts that are already in course.  The membership fee will not cover the costs of Internet access or any telephonic costs.  Those costs are to be solely covered by the members.

 

b)    MEANS AND TIMELINES FOR PAYMENTS.

 

Through the Pay Pall secured payment system

 

Through bank transfer, done in benefit of the BUG DELETE SOCIETY, whose banking data is the following : NIB  0007 0000 0033 69 707 26 23 : BanK BES

 

c)     CONFIRMATION OF MEMBERSHIP AND EVENTUAL RETRACTION DELAYS.

 

Whatever the payment mode chosen be the user, a membership confirmation will be sent by e-mail at the time of membership enlisting.

 

d)      PAYMENT INCIDENTS

 

In case BUG DELETE Lda does not receive or, by any reason, is not able to cash in the user’s payment within the conditions described on article IIV – 3 and 4, the user will receive an e-mail asking for the situations to be regularized.  During this procedure, access to the paying part of the site will be denied until a valid payment is effectuated.

The period during which the user is denied access o the service due to such a payment incident will not affect the duration of the membership initially subscribed.

 VIII.   INFORMATION LIBERTY

The user is informed that the personal data concerning him/her is necessary in order to make effective the membership to the LivinginLisbon.com site.  The data. Although destined to the LivinginLisbon.com site might be transmitted to third parties for commercial or promotional purposes, unless opposition to this usage is clearly stated by the member.  The member is entitled to exert the right of opposition in two ways:
 

By courier mail sent to the social headquarters of BUG DELETE Lda  : Rua Rodrigo da Fonseca, nº 24-5 andar 1250-193 LISBOA

By e-mail addressed to : info@livinginlisbon.com

 

The member has the right to access, modify, rectify, and suppress any personal data concerning him/her.  In order to exert this right the member must address a message to BUG DELETE Lda. Specifying the pretended changes on the existing data.

 

IX.  COMPLAINTS

 

Any complaints concerning membership application and its conditions of usage might be done directly on-line through electronic courier or by mail addressed to:

BUG DELETE MEMBERSHIP MANAGEMENTRUA RODRIGO DA FONSECA Nº 24 - 5 ANDAR

1250.193     LISBOA

 

 X. MODIFICATIONS

The general conditions for on-line sale prevail over the printed ones.  Both parties have agreed that BUG DELETE LDA. Has the full right to alter tariffs without any formality other than changing the on-line general conditions.

 XI. GENERAL LEGAL DISPOSITIONS

Neither the member nor BUG DELETE LDA will be considered responsible for one another in case one of them forfeits any of the obligations stated on the present contract due to a major reason other than those usually recognized by the legal system.  In the case of a major reason, the obligations created by the payment or the subscription of a membership will be suspended for the duration of the impeditive. On the other hand, if the major reason has a duration, which is superior to three consecutive months, the subscription might be cancelled by expressed desire of the member.

If any of the conditions hereby stipulated is considered unnecessary and therefore ruled out it will be considered non-written and not invalidating of the other stipulations.  Portuguese law protects the present general conditions.  In case of litigation only the tribunals of Lisbon will have the competence to judge. 




  
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