Terms and Conditions
Revised on December 21, 2016
FINTA - PLATAFORMA ONLINE PARA FÃS DESPORTO, LDA., (hereinafter referred to as, FINTA) with tax number 513.166.424 and headquartered at Rua da Ilha, 72, 1º Esq., 4440-558 Valongo (Portugal) is a Portuguese company dedicated, among other activities, to the development and management of the application FINTA (hereinafter referred to as APP) a platform for sports fans.
FINTA has developed and owns the APP, which offers its USERS a virtually social network for football, where fans, players and teams can share ideas and emotions. Through the APP, the USERS can track results, goals and the key moments of their team’s matches.
BY USING THE SERVICES PROVIDED BY FINTA THROUGH ITS APP, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ADDITIONAL AND SPECIFIC CONDITIONS, AS OTHER POLICIES PRESENT IN FINTA SERVICES. IF YOU DON’T WANT TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS THE APP AND/OR USE OF ITS FUNCTIONALITIES AND ASSOCIATED SERVICES. THESE TERMS AND CONDITIONS APPLY TO ALL APP USERS AND OTHERS NOT SPECIFICALLY IDENTIFIED.
By agreeing to these Terms and Conditions YOU declare that YOU have the legal age, according to YOUR personal law, to give consent and be bound with these FINTA Terms and Conditions.
YOU accept that FINTA reserves the right to refuse any services for any reason at any time.
YOU accept and recognize that FINTA can update, modify or replace any part of these Terms and Conditions and the associated Policies, announcing it in the APP, being YOUR responsibility to periodically check the occurrence of any changes.
YOU acknowledge and accept that if YOU breach or violate of any term in the Terms and Conditions, as determined in the sole discretion of FINTA, will result in an immediate termination of YOUR services.
FINTA cares for YOUR privacy and the security of YOUR personal information.
For using the APP services YOU must have a registered account.
To create YOUR account YOU must sign up with YOUR Facebook account, through Facebook’s authentication procedure. We advise YOU to read such third party Terms and Services.
YOUR account is personal and not transferable.
YOU acknowledge that FINTA will use the email address YOU within YOUR Facebook account as the primary method for communication.
Information must be accurate. If YOU provide us or use false information or impersonate another person through YOUR account, we will cancel YOUR account, and YOU are the solely responsible for the consequences of such acts.
YOU are responsible for YOUR account and any activity that takes place on YOUR account. If YOU discover any unauthorized use of YOUR account or suspect that anyone may be able to access YOUR account, YOU should immediately change YOUR password and notify our Support team through the address in Section 14 or other contact form displayed in the APP.
YOU are responsible for keeping YOUR password secure. FINTA cannot and will not be liable for any loss or damage from YOUR failure to maintain the security of YOUR account and password.
If YOU are registering as a company, YOU represent that YOU have the authority to legally agree and bind that company to the Terms and Conditions on behalf of the business.
If YOU are using the APP as a company, YOU give declare before FINTA that YOU comply with all applicable laws relating to YOU, and YOU will keep indemnified FINTA against any and all claims.
YOU are responsible for all activity and content uploaded and/or posted under YOUR account.
YOU must not transmit any worms or viruses or any code of a destructive nature.
These Terms and Conditions do not create any agency, partnership, joint venture, employment or franchisee relationship between YOU and FINTA.
FINTA grants YOU a personal, worldwide, royalty free, non-assignable, nontransferable, nonexclusive revocable license to install, execute and use the APP, (i) solely for YOUR personal use; (ii) YOU are not permitted to resell the APP; (iii) YOU will not duplicate, transfer, give access to, copy or distribute any part of the APP in any medium; and, (iv) YOU will not attempt to reverse engineer, alter or modify any part of the APP.
YOU acknowledge that the access to and the use of the APP accordingly with the terms of YOUR USER license requires that YOU have an active and valid account.
YOU can terminate YOUR license of use of the APP by terminating YOUR account.
The APP and all copyright, database rights, trademarks and other intellectual property rights related to it belong to FINTA or FINTA licensors.
FINTA retains all right, title, and interest in and to the APP, including without limitation, all rights not expressly granted in, all software used to provide the APP and its services and all logos and trademarks reproduced through the APP, and this Agreement does not grant YOU any intellectual property rights in the APP or any of its components.
YOU must not remove, obscure, make illegible or alter any notices or indications of the rights and ownership of the software or service. YOU must not use the APP in any territory where its use is not permitted under applicable laws.
USE OF THE SERVICE
YOU must comply with these APP Terms and Conditions as these apply to YOUR use of the APP.
Except if otherwise agreed between YOU and FINTA, YOU will only use the App for YOUR own personal use.
YOU must not attempt to extract any source code from the APP, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the APP and our systems.
YOU must not use the APP for any of the following purposes:
- any unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
- any activity which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others, which includes any information that YOU may add or upload to the APP;
- interfering in any way with any other USER of the APP; and/or
- knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
YOU must not use the APP in a way that may damage or impair the APP and/or its services or our underlying systems and security.
YOU must keep YOUR device and your FINTA account safe and secure. YOU must ensure that any account details and/or information are not shared with others.
The devices use and data plans or charges are always YOUR responsibility.
FINTA cannot guarantee that YOU will always be able to connect to or communicate using the Service nor that such communication will be without disruptions, delays or communications-related errors.
We or our third party providers may deliver advertisements within the APP. YOU acknowledge that any contacts with advertisers are made at YOUR own risk and subject to their applicable terms of service or sale and privacy policies which may differ from ours.
THIRD PARTY SERVICES
When YOU access third-party services, YOU do so at YOUR own risk.
FINTA doesn't control such links or services, and YOU will be bound by the terms of such links or services.
CONTENT TRANSMITTED USING THE SERVICE
YOU grant FINTA a worldwide, royalty free, assignable, transferable, nonexclusive, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate YOUR uploaded and/or posted content (text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials), including without limitation distributing part or all in any media formats through any media channels.
YOU hereby represent and warrant that: (i) YOU own the content uploaded and/or posted by YOU on or through the APP; (ii) Or that YOU have the right to grant the license set forth in this section; (iii) that such content does not violate any third party rights, namely, publicity rights, intellectual property rights or any other rights of any third party; and (iv) that YOU have pay and will pay for all royalties, fees, and any other amounts owed to any third party by reason of content YOU uploaded and/or posted.
YOU should always keep a backup copy of anything YOU upload and/or post on the Service.
We cannot guarantee that YOUR content will not be lost or corrupted not that a third party will not ever access YOUR content.
YOU take full responsibility for the information YOU share with other USERS or upload with the APP.
LIMITATION OF LIABILITY
YOU understand and agree that FINTA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for use, data or other intangible losses resulting from the use of or inability to use the service, namely:
- YOUR use of or YOUR inability to use our APP;
- postage or other guidance provided by other USERS;
- delays or disruptions in the APP;
- viruses or other malicious software obtained by accessing, or linking to, the APP;
- glitches, bugs, errors, or inaccuracies of any kind in the APP;
- damage to YOUR equipment derived from the use of the APP;
- the content, actions, or inactions of third parties;
- a suspension or other action taken with respect to YOUR account or breach of these Terms and Conditions.
In no event shall FINTA or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms and Conditions (however arising including negligence).
YOU agree to indemnify and hold FINTA and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of YOUR breach of these Terms and Conditions or the documents it incorporates by reference, or YOUR violation of any law or the rights of a third party.
YOUR use of the APP is at YOUR sole risk, being it provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
FINTA does not warrant that:
- The APP will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the APP will be accurate or reliable.
- The quality of any services, information purchased or obtained by YOU through the APP will meet YOUR expectations, or that any errors in the APP will be corrected.
To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to YOU and our liability will in that case be limited as far as possible under applicable law.
YOU may terminate this agreement by cancelling YOUR account at any time.
Upon termination by either party for any reason YOU accept that:
- FINTA will stop providing YOU with access to the APP;
- YOU will no longer have access to YOUR account;
- YOUR information will be taken offline;
- YOU accept that FINTA reserves the right to modify or terminate YOUR account for any reason, without notice at any time.
YOUR IDEAS AND SUGGESTIONS
When YOU send any ideas, suggestions, documents or proposals to FINTA, this means that YOU agree that: (i) such contributions do not contain confidential or proprietary information, so FINTA is not under any obligation of confidentiality; (ii) FINTA is entitled to freely use or disclose such contributions for any purpose, in any way; (iii) FINTA might have something similar already under consideration or in development; (iv) such contributions automatically become FINTA’s property without any obligation to pay YOU, publicize YOUR name, obtain any further permission or make any payment to YOU or any other person.
If any term or provision hereof are found to be invalid, void or unenforceable this will not affect the other terms of this Agreement, which shall remain in full force and effect.
The failure or delay by FINTA to require performance of any provision hereof will not affect FINTA’s right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by FINTA.
YOU cannot assign this Agreement or any rights or obligations hereunder. FINTA may assign this Agreement or any rights or obligations hereunder to any person, without notice.
These Terms and Conditions, as well as its associated policies, are ruled by the Portuguese law, and it is defined that the exclusive jurisdiction is the Court of Oporto, expressly renouncing any other, unless a competent and specialised court encroaches from the law.
Any questions about these Terms and Conditions please email us: email@example.com.
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