This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, thelinksatpenina.com, thelinksatpenina.pt, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by EVE - Realizações Imobiliárias e Turisticas, Lda.
Capitalised terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and EVE - Realizações Imobiliárias e Turisticas, Lda, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms "us" or "we" or "our" refers to EVE - Realizações Imobiliárias e Turisticas, Lda, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered personal information.
A "Member" is an individual that has registered personal information with us.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The use of third-party trademarks on this site is intended to imply neither any endorsement by nor any affiliation with the respective trademark owners.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
We may occasionally update these Terms in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
You agree to indemnify us and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Service; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; and (e) any interpretation of, or action you take based on the information provided via this Service, including descriptions, images or other content made available via this Website.
We provide the Service "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, we make no representations, warranties or conditions, express or implied. We expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation: (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; (b) warranties or conditions arising through course of dealing or usage of trade; and (c) warranties or conditions of uninterrupted or error-free access or use. No advice or information, whether oral or written, obtained by you through the Service or any materials available through the Service will create any warranty that is not expressively stated in these Terms of Use. You assume all risk for any damage that may result from your use of, or access to, the Service, any materials, including all descriptions and images available through the Services. You understand and agree that your use of the Service, and use, access, download, or otherwise obtainment of materials through the Service and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials. Some jurisdictions may prohibit a disclaimer or warranties and you may have other rights that vary from jurisdiction to jurisdiction.
In no event will we or any of our affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these Terms of Use or your use or access, or inability to use or access, the Service or any materials on the services, whether based on (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, even if we have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (e) errors, mistakes, or inaccuracies of materials; (f) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (g) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (h) any interruption or cessation of transmission to or from the Service; (i) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (j) any errors or omissions in any materials or for any loss or damage incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available through the Service; and/or (k) user materials or the defamatory, offensive, or illegal conduct of any third party. Each provision of these Terms of Use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the agreement of the parties. The limitations in this section will apply even if any limited remedy fails its essential purpose.
The interpretation of these Terms Of Use together with our Privacy Policy and Cookie Policy, as well as the resolution of any disputes arising within the scope of the Website, shall be regulated exclusively by Portuguese law and submitted to the exclusive jurisdiction of the Lisbon District Administrative Court.
In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under our Legal Terms shall survive the termination of our Legal Terms.