terms of service'e-sharing
The following terms and conditions govern all use of the e-sharing website and all content, services and products available at or through the website ("Website"). The Website is owned and operated by Eufinity Solutions, Lda (“the Provider”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, e-sharing's privacy policy) and procedures that may be published from time to time on this Site by the Provider (collectively, the “Agreement").Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Provider, acceptance is expressly limited to these terms.
1. Your e-sharing Account and Communities. If you create an account on the Website, you are responsible for maintaining the security of your account and communities you create or belong to, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with communities you create. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Provider may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Provider liability. You must immediately notify the Provider of any unauthorized uses of communities you belong to, your account or any other breaches of security. The Provider will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a community, comment on a community, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
* your communities are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your community’s URL or name is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Provider or otherwise.
By submitting Content to the Website for inclusion on your communities, you grant the Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your communities or the communities you belong to. If you delete Content, the Provider will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, the Provider has the right (though not the obligation) to, in the Provider’s sole discretion (i) refuse or remove any content that, in the Provider’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Provider’s sole discretion. The Provider will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. Optional paid premium services such as extra storage, domain purchases, special community hosting or advertising are available by means of direct contact with the Provider. Fees are not refundable.
4. Responsibility of Website Visitors. The Provider has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, the Provider does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. the Provider disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which e-sharing links, and that link to e-sharing. The Provider does not have any control over those non-e-sharing websites and webpages, and is not responsible for their contents or their use. By linking to a non-e-sharing website or webpage, the Provider does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Provider disclaims any responsibility for any harm resulting from your use of non-e-sharing websites and webpages.
6. Copyright Infringement. As the Provider asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to on e-sharing or its communities violates your copyright, you are encouraged to notify the Provider. The Provider will do its best to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material, provided that the claims in the notice are also supported by the Provider. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Provider or others, the Provider may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, the Provider will have no obligation to provide a refund of any amounts previously paid to the Provider.
7. Intellectual Property. This Agreement does not transfer from the Provider to you any the Provider or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Provider. Brands, e-sharing, the e-sharing logo, and all other trademarks, service marks, graphics and logos used in connection with e-sharing, or the Website are trademarks or trademarks of the Provider. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any the Provider or third-party trademarks.
8. Changes. The Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Provider may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement and other additional agreements.
9. Termination. The Provider may terminate your access to all or any part of the Website or your communities at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your e-sharing account (if you have one), you may simply discontinue using the Website. The Provider can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. The Provider and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Provider nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will the Provider, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Provider under this agreement during the twelve (12) month period prior to the cause of action. The Provider shall have no liability for any failure or delay due to matters beyond their reasonable control.
12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Portugal or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. Indemnification. You agree to indemnify and hold harmless the Provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between the Provider and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Provider, or by the posting by the Provider of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Portugal. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Provider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
