Terms of
Use
This website was created, belongs to and is managed by Associação Porto Digital, with registered offices at Largo do Dr Tito Fontes 15, 4000-538 Porto, Portugal, registered under the legal person number 506838730, (hereinafter referred to as 'Porto Digital'), and its use is governed by these Terms of Use.
Acceptance of the Terms and Conditions
The user of the website ('User') recognises that by using this website they accept these Terms and Conditions.
Changes to these Terms and Conditions
Porto Digital reserves the right, at any time, without prior notice and with immediate effect, to change, add, update or delete, partially or totally, these Terms and Conditions. The User should periodically check these Terms and Conditions to confirm whether any updates or changes have been made. If you do not agree with any of the rules of use, you should not use the website.
Access to the Website
Access to the website does not imply user registration. Porto Digital has the exclusive right, at any time, to suspend access to the website, in part or in full, in particular but not exclusively for management, maintenance, repair, alteration or modernisation operations. Porto Digital may also choose to terminate, permanently or temporarily, partially or fully, at any time, the website or any of its parts, without prior notice.
Use of the Website
Use of the website is subject to compliance with the following rules: Do not use the website to send or make available any content that is illegal, false, misleading, threatening, malicious, abusive, defamatory, insulting, invasive of privacy, racially, ethically or morally reprehensible, harmful or offensive to the dignity of persons or harmful to minors, or that may negatively affect the image of Porto Digital; Do not use the website to send or make available information or content that belongs to third parties and that you do not have the right to use, such as content protected by third party copyright or content containing third party personal data; Do not use the website to make available or transmit any type of material that contains or may contain viruses, worms, defects, trojan horses or other items or computer code, files or programmes that are likely to interrupt, destroy or limit the functionality of any equipment or computer system (hardware or software) or communications equipment; Do not use or exploit the website, including its contents, materials, functionalities or resources, for commercial purposes or in any way for payment. All content made available may only be accessed for the purposes defined by the website itself. Do not remove any copyright, trademark or proprietary rights notices; Do not make available or transmit any unsolicited or unauthorised content as SPAM; In general, the User must use the website responsibly, prudently and carefully, and must not disrupt or degrade the continuity, integrity and quality of its resources and functionalities. The User recognises that their use of the website is at their own risk and they are solely responsible for any damage caused to their system and/or equipment or for any other damage or harm, including loss or damage to data, resulting from the use of materials, content or information obtained in any way through the website. The website offers Augmented Reality experiences visible in public spaces. Interaction with this content should be done responsibly, prudently and carefully. When using your mobile device to access this content, pay full attention to the surrounding space and possible obstacles. Porto Digital is not responsible for any physical or property damage that may occur when accessing the content provided. The website does not store user data or use cookies of any kind.
Intellectual property rights
The User acknowledges that the website, its structure and layout, the selection, organisation and presentation of its content, including its functionalities and the software used on it, as well as the trademarks, logos and symbols displayed on the website, are the property of Porto Digital or their use has been duly assigned or licensed in its favour. The User further recognises that the contents of this website (texts, images, sounds, videos, animations, other graphic elements, brands and all other information and elements contained on the website) are protected by intellectual property rights and copyright and their use is limited to the terms permitted by law and with identification of their origin. It is up to Porto Digital to manage the design, layout and arrangement of all the information, content and materials on the website, so Porto Digital may, at any time, update, modify or eliminate any content, services, options or functionalities, as well as modify their presentation and configuration and change their URLs. The User is not authorised to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute, in any way, the texts, images, sounds, videos or any content or information contained on this website or part of the website without prior written authorisation from Porto Digital. These terms and conditions are without prejudice to the protection of copyright and related rights conferred by the Code of Copyright and Related Rights, approved by Law-Decree no. 63/85 of 14 March, and other applicable legislation. The protection of personality rights is also safeguarded, under the terms of articles 70 to 81 of the Civil Code, approved by Law-Decree no. 47344, of 25 November 1966, and other applicable legislation. Porto Digital reserves the right to set restrictions, namely of quality, or to condition the visualisation of part or all of the content made available on the Website, namely for supervening reasons of an editorial and/or legal nature or for reasons of accessibility and improvement of the experience. Access to and viewing of any content (in its different forms such as sound, video, animation or others) does not in itself include the transfer of copyright and related rights over it or the granting of any licence. The user must check for third party rights and obtain all other permissions necessary to carry out their activities without infringing property rights, violating a duty, or violating an agreement with a third party. The use of content in breach of the provisions of these Terms of Use and other applicable legislation shall result in the user being held individually liable, in general terms, and shall not entail any consequences not attributable to Porto Digital. The user will defend, indemnify and hold Porto Digital harmless from all claims, actions, expenses (including lawyers' fees and court costs), damages, losses and liabilities arising from or related to any breach of these terms and conditions.
Informations
The information provided on the website aims to present the Porto Digital Gallery and the artworks it contains.
Liability and warranties
The website has been developed with the interests of different types of Users and audiences in mind. However, we cannot guarantee that the website or any functionality available on it will meet any needs and expectations you may have or serve your specific purposes. Porto Digital also does not guarantee the following: Any information or suggestions, of any kind, for which Porto Digital is responsible, presented or made available on the website, or obtained through its use, are current, accurate, complete or error-free - Porto Digital does not assume any legal duty in this regard; Any material or other type of content made available by third parties through the website is safe, legal or appropriate; The qualities, functionalities or characteristics of the products, services, information or other material or content disclosed on the website fulfil any expectation of users. Porto Digital shall not be liable for errors that may occur due to system irregularities, failure (temporary or permanent) of the website, applications or other tools. Porto Digital shall not be liable for any damages resulting from improper use or inability to use the website.
Third party websites connections
Porto Digital may provide links to the websites of other organisations. These websites do not belong to and may not be operated or controlled by Porto Digital, so Porto Digital is not responsible for, approves or in any way endorses or subscribes to the content of these websites, nor of the websites linked to or referred to therein. The establishment of links in no way implies the existence of relations between Porto Digital and the owner or manager of the website to which the link refers. Therefore, Porto Digital is not responsible for the legality, reliability or quality of any content made available there, nor for compliance with the legal rules applicable to the content available there, and the use of these links is the sole responsibility of the Users.
Safety and Security
Porto Digital does not guarantee that the website will function uninterruptedly, be free of errors or faults or that it will be available continuously. Porto Digital endeavours to ensure that the website does not contain any viruses or other dangerous elements for your computer or other device from which you access the website. However, since Porto Digital cannot fully control the circulation of information over the Internet, it cannot guarantee that it does not contain any viruses or other elements that could damage your computer. In order to guarantee the security of the website, Porto Digital may, at any time and without prior notice, take the necessary measures to guarantee the integrity, security, continuity or quality of the website, including restrictions or limitations on access.
Validity
If any part or provision of these Terms and Conditions is unenforceable or in conflict with applicable law, the validity of the remaining parts or provisions shall not be affected.
Questions
If you have any questions about these Terms and Conditions, you can contact us via the following channels: Address: Largo do Dr. Tito Fontes, n.º15, 4000-538 Telephone: +351 222 058 412 E-mail: info@portodigital.pt
Applicable Law
Portuguese law shall apply to the management, administration, use and enforcement of these Terms and Conditions of the website.
Jurisdiction
To settle all questions and disputes that may arise, inherent to these Terms and Conditions, the exclusive jurisdiction of the District Court of Porto is competent, with express waiver of any other.