1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE
These General Conditions for Use, hereinafter referred to as “General Conditions”, govern the use of the website www.design-tv.eu, hereinafter “website”, which DESIGNTV, of the company Urbanmint Design, Unipessoal, Lda, makes available to the users of the Internet. The website of DESIGNTV is hosted at Ptist, a brand that belongs to company AlmourolTec, Lda.
The use of the website grants to the person in question the condition as user of the website, hereinafter referred to as “user”, and expresses full and unreserved acceptance by the user, at the moment he/she accesses the website, of all and every General Conditions published by DESIGNTV.
Through the website, DESIGNTV provides access and use of various services and contents to the users. DESIGNTV reserves the right to unilaterally change, at any moment and without prior notice, the presentation and layout of the website, as well as the conditions required for its use.
The DESIGNTV services are available for individuals over 18 years old, i.e. users who can conclude legal contracts, in accordance with the laws in force. The contents existing on the website are however of free consultation for individuals of any age. The user represents and warrants that he/she is over the age of 18 and that the whole registration and the information he/she provides are true and reliable. DESIGNTV may however change its eligibility criteria at any moment.
Persons below 18 years old should only use the DESIGNTV services under the supervision of their parents or guardians, who are at least 18 years old. In this case, the adult is the user and is responsible for all the activities performed on the website.
4. CONDITIONS OF ACCESS TO THE SERVICES
4.1 Free-of-charge services
The provision of the service of visit to the website by DESIGNTV is free of charge for the users and does not require prior registration by the user.
5. CONDITIONS FOR THE USE OF THE SERVICES
5.1 Obligation to make a correct use of the website
The user undertakes to use the website in compliance with the law, with these General Conditions and with the morals and generally accepted costumes.
The user undertakes in particular to refrain from using the website for unlawful purposes, contrary to what is established in these General Conditions, harmful to the rights and interests of third parties, or which may in any way damage, disable, overburden, or deteriorate the website or even prevent the normal use of website by the users.
5.2 Means to obtain Contents
The user shall refrain from obtaining or attempt to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, generally, any type of material accessible through the website, employing for this purpose means or procedures other than those that have been made available by DESIGNTV.
5.3 Correct use of the Contents
The User undertakes to use the Contents diligently, correctly and legitimately, and in particular to refrain from:
5.3.1 Perform or attempt to perform illegal activities that infringe upon the rights of DESIGNTV, the users of website www.design-tv.eu, or other users of the Internet or any third party not previously indicated;
5.3.2 Practice continued and persistent acts of provocation aimed at third parties, a request to interrupt having been made by the targets of the acts or by DESIGNTV;
5.3.3 Use or attempt to use an identity other than their own, impersonate or attempt to impersonate someone or some entity including an official of DESIGNTV, guide or receive third parties as if he/she were a host, or falsely testify kinship or links with third parties;
5.3.4 Make available, transmit, send, produce or reproduce any content which he/she does not have the right to use (including, but not limited to, confidential information obtained due to his/her function or position);
5.3.5 Make available, transmit, send, produce or reproduce any content that infringes any patent, trademark, industrial secret, or any other type of copyright, from any person, entity or institution;
5.3.6 Make available, transmit, send, produce or reproduce any unsolicited content including, but not limited to, marketing material, “junk e-mail” , “spamming”, “chain letters”, “pyramid schemes”;
5.3.7 Make available, transmit, send, produce or reproduce, deliberately or not, any material that contains computer virus, or any other computer code, files or programs which aim, even if this purpose is not achieved, at interrupting, destroying or limiting the functionalities of any computer or electronic system (hardware or software), as well as communication equipment;
5.3.8 Collect, store, make available, transmit, send, produce or reproduce in any format, personal information of third parties;
Users and, in general, people who intend to establish a link that allows access to the pages website as from its webpage, hereinafter “link”, must comply with the following conditions:
5.4. The link shall only permit access to the pages of the website and will not permit their reproduction in any form;
5.4.2 No false, inaccurate or incorrect information shall be produced on the pages of the website and no statements shall be made and no impression shall be given that DESIGNTV has authorised the link or has supervised or assumed in any way the contents or services offered or made available to the webpage where the link is established;
5.4.3 With the exception of those signs that are part of that link, the web page which includes the link does not contain any trademark, trade name, label, denomination, logo, slogan or other distinctive signs belonging to DESIGNTV;
5.4.4 The web page where the link is established does not contain information or illegal content, contrary to morals and generally accepted costumes or public order, and do not contain content contrary to the rights of others.
The establishment of links does not imply in any case the existence of relations between DESIGNTV and the owner of the web page where the link is established, or the acceptance and approval by DESIGNTV of their content or services.
6. LIABLITY OF DESIGNTV
The Website www.design-tv.eu was prepared by DESIGNTV, with information from internal and external sources, and is available to visitors in its current state, and may contain inaccuracies or errors. DESIGNTV shall only be held liable for damages that the user may suffer as a result of the use of the website where such damages may be attributable as a result of their wrongful conduct. DESIGNTV shall not be held liable for damage or losses of any kind that may result from (these examples are illustrative and not restrictive):
6.1 Interference, omissions, interruptions, computer viruses, and telephone failures and/or disconnections in the operation of the electronic system, in the contents or in services provided by third parties, motivated by causes beyond the control of DESIGNTV, which may determine the lack of availability or continuity in the operation of the website, or produce changes in the computer system, electronic documents or files of users;
6.2 Delays or blockages in the use caused by deficiencies or overloads in the Internet system or in other electronic systems, in particular failures in the access to webpages of the website or of the associated services;
6.3 Action of third parties who make illegitimate intrusions beyond the control of the website which is not attributable to DESIGNTV, including interference caused by the knowledge that unauthorised third parties may have of the conditions, characteristics and circumstances of the use that users make of the website;
6.4 Divergences of information, documentation and/or other content of the website that may exist between the electronic version and the printed version, as well as the user’s expectations as to the utility of the website not being met;
6.5 Lack of veracity, completeness, updatedness and accuracy of the contents, data or information of any nature, including those related to offers, products or services, prices, characteristics and any other relevant data and information concerning products and services offered through the website by third suppliers of products or services, or in relation to content, data or information provided through the webpages of the mentioned third parties;
6.6 Transmission, dissemination, storage, making available, receipt, obtaining of or access to content.
6.7 Possible errors or security shortcomings that may occur through the use by a user of a browser or an outdated or insecure version, as well as the activation of the devices for the storage of passwords or codes to identify the user in the browser, or damage, errors or inaccuracies that may result from malfunction of the browser;
6.8 Operation, availability and accessibility of the websites to which it directs the users through links, continuity of information, contents and services existing in such websites, quality, lawfulness, reliability and utility of the information, contents and services existing in such websites.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of this website (including but not limited to, texts, graphics, logos, icons, databases, images, text files, audio, video and software) are the property of DESIGNTV, of customers or of suppliers of content, and are protected by national and international standards regarding industrial and intellectual property.
The compilation (i.e. the collection, layout, and organisation) of the entire website is the exclusive property of DESIGNTV and is protected by national and international industrial and intellectual property laws. The reproduction, modification, copying, use, distribution, marketing, public communication or any other use of the information contained in the website (including its own design, layout and format of the site) which is performed without the authorisation of DESIGNTV is an infringement of the legislation in force on intellectual property. In no case should it be understood that a licence is granted or that the above-mentioned rights are waived, transferred or assigned, totally or partially, without the prior express authorisation of DESIGNTV or of the relevant holders. Moreover, in no case should it be understood that any rights are assigned, and in particular any right to change, use, reproduce, distribute or make public communication on such content without the prior express authorisation of DESIGNTV or of the holders. In case the customer decides to be removed from our database, such data shall immediately be excluded from our database.
DESIGNTV informs that it will send to the hard disk of the user’s computer, files – “Cookies”, which will register the activities of the user on the visited page, in order to collect information on the number of users, the most visited areas, as well as the user’s consumption habits.
The users can set their computer to refuse the installation of “Cookies”. DESIGNTV shall not use any technology for the collection of information to recover the information existing in the user’s IT device. The Cookies used are for the detection of the acceptance of the warning concerning cookies. It defines if the user has already accepted the cookies on our website in order not to show the information bar during the session. These cookies are eliminated after 180 days. The other cookies are related with Google and Facebook and concern the obtaining of analytic data (Google Analytics) and “Likes”.
9.LINKS TO THIRD-PARTY WEBSITES
10. COLLECTION OF INFORMATION
We collect information automatically while the user browses the site. This information is collected with the purpose of improving the experience of the customer as he/she browses the website.
Data related with the Device:
- Your IP (stored anonimously);
- Screen size;
- Information on the Browser;
- Geographical location (only the country);
– Origin Hyperlink;
– Pages visited;
– Date and Time when the pages were visited;
– Geographical location (only the country);
11. PERSONAL DATA
To use some of the services, users are requested to previously provide to DESIGNTV certain personal data (“Personal Data”), such as name, email and phone contact. These personal data shall be used internally for commercial purposes, in particular to meet requests for information and for the sending of newsletters with information on projected and provided services. The data received by the customer through a contact form are stored in a database, and DESIGNTV undertakes not to share them with third parties, unless it is so imposed by the law. These data remain stored in our database until the customer decides otherwise and informs DESIGNTV using this form in our website, which is used exclusively to search the customer’s email in our system. The application we use to send information to the customer is MailChimp.
12. SOCIAL MEDIA COOKIES
Our website integrates spaces which include social media buttons for the users to be able to share our contents between them. We do not control the cookies that the social media install, although they usually are for the control of the login or to provide the counter which shows how many times a certain content was shared. We recommend that all the users review the privacy and cookies condition of the social media, and in that case, change the privacy parameters of each of them to limit the tracking purposes.
13. ATTACKS TO SYSTEMS
The users cannot attack or attempt to attack the network or the systems of DESIGNTV or of third parties, in particular through mail bombing, hacking, obtaining of root access, tsunami, flood bots, nuke, flash, packet sniffers e flood pings or other types of activities which may cause any damage to DESIGNTV or to third parties.
14. DURATION AND TERMINATION
The provision of the website shall have, in principle, an indefinite duration. DESIGNTV can terminate or suspend the provision of the website, at any moment. When possible, DESIGNTV shall communicate the termination or suspension of the provision of the website.
15. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by the Portuguese law. For the settlement of any disputes arising in relation to the provision of services provided for in this contract, the competent court shall be the one of the relevant place of jurisdiction, with express waiver of any other.