Last updated: 2020-07-16
1. Introduction
Welcome to Mariana Custodio Unipessoal, LDA (“Company”,
“we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our
website located at marianacustodio.com (together or
individually “Service”) operated by Mariana Custodio Unipessoal, LDA.
Our Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of
our web pages.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood
Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may
not use the Service, but please let us know by emailing at [email protected] so we can try to find a
solution. These Terms apply to all visitors, users and others who wish to
access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may
opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or by emailing at
[email protected].
3. Purchases
If you wish to purchase any product or service made available through
Service (“Purchase”), you may be asked to supply certain information
relevant to your Purchase including but not limited to, your credit or
debit card number, the expiration date of your card, your billing address,
and your shipping information.
You represent and warrant that: (i) you have the legal right to use any
card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in
the description or price of the product or service, error in your order or
other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through Service may be governed by rules that are separate
from these Terms of Service. If you participate in any Promotions, please
review the applicable rules as well as our Privacy Policy. If the rules for
a Promotion conflict with these Terms of Service, Promotion rules will
apply.
5. Refunds
We issue refunds for Contracts within 30 days of the original purchase of the Contract.
6. Content
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for Content that you post on or through
Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms,
and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights
or any other rights of any person or entity. We reserve the right to
terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you
or any third party posts on or through Service. However, by posting Content
using Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use
your Content subject to these Terms.
Mariana Custodio Unipessoal, LDA has the right but not the obligation to
monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of
Mariana Custodio Unipessoal, LDA or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for
personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms.
You agree not to use Service:
0.1. In any way that violates any applicable national or international law
or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or
harm minors in any way by exposing them to inappropriate content or
otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter,” “spam,” or any other
similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee,
another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is
illegal, threatening, fraudulent, or harmful, or in connection with any
unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use
or enjoyment of Service, or which, as determined by us, may harm or offend
Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or
impair Service or interfere with any other party’s use of Service,
including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to
access Service for any purpose, including monitoring or copying any of the
material on Service.
0.3. Use any manual process to monitor or copy any of the material on
Service or for any other unauthorized purpose without our prior written
consent.
0.4. Use any device, software, or routine that interferes with the proper
working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of Service, the server on which Service is stored, or any
server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of
our Service.
9. No Use By Minors
Service is intended only for access and use by individuals at least
eighteen (18) years old. By accessing or using Service, you warrant and
represent that you are at least eighteen (18) years of age and with the
full authority, right, and capacity to enter into this agreement and abide
by all of the terms and conditions of Terms. If you are not at least
eighteen (18) years old, you are prohibited from both the access and usage
of Service.
10. Accounts
When you create an account with us, you guarantee that you are above the
age of 18, and that the information you provide us is accurate, complete,
and current at all times. Inaccurate, incomplete, or obsolete information
may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password,
whether your password is with our Service or a third-party service. You
must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or entity or that
is not lawfully available for use, a name or trademark that is subject to
any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
11. Intellectual Property
Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
Mariana Custodio Unipessoal, LDA and its licensors. Service is protected by
copyright, trademark, and other laws of and foreign countries. Our
trademarks may not be used in connection with any product or service
without the prior written consent of Mariana Custodio Unipessoal, LDA.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on Service infringes on the
copyright or other intellectual property rights (“Infringement”) of any
person or entity.
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to
[email protected], with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the
alleged Infringement as detailed below, under “DMCA Notice and Procedure
for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’
fees) for misrepresentation or bad-faith claims on the infringement of any
Content found on and/or through Service on your copyright.
13.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where
the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where
the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at
[email protected].
14. Error Reporting and Feedback
You may provide us either directly at [email protected] or
via third party sites and tools with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints, and
other matters related to our Service (“Feedback”). You acknowledge and
agree that: (i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback; (iii)
Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event
the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an
exclusive, transferable, irrevocable, free-of-charge, sub-licensable,
unlimited and perpetual right to use (including copy, modify, create
derivative works, publish, distribute and commercialize) Feedback in any
manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by Mariana Custodio Unipessoal, LDA.
Mariana Custodio Unipessoal, LDA has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of
these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT,
GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR
SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF
ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION,
CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF
THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US
IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY
OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF
ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF
COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF
COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR
PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar access to Service
immediately, without prior notice or liability, under our sole discretion,
for any reason whatsoever and without limitation, including but not limited
to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using
Service.
All provisions of Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of
Portugal, which governing law applies to agreement without regard to its
conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
20. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or
material we provide via Service, in our sole discretion without notice. We
will not be liable if for any reason all or any part of Service is
unavailable at any time or for any period. From time to time, we may
restrict access to some parts of Service, or the entire Service, to users,
including registered users.
21. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site.
It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms
means that you accept and agree to the changes. You are expected to check
this page frequently so you are aware of any changes, as they are binding
on you.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree
to the new terms, you are no longer authorized to use Service.
22. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be
deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of Company to assert a
right or provision under Terms shall not constitute a waiver of such right
or provision.
If any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of Terms will continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, requests for technical support by
email: [email protected].
