General Terms os Service and Acceptance
1. GENERAL TERMS OF SERVICE AND ACCEPTANCE
The following general terms of service, hereinafter referred to as “General Conditions”, regulate the use of the Web site http://cas.as , hereinafter referred to as “Portal”, which Janela Digital – Informática e Telecomunicações, SA, hereinafter referred to as "Janela Digital", makes available to all users through the Internet.
By using the Portal, the user fully accepts all General Conditions published by Janela Digital.
Some services within the Portal, hereinafter referred to as “Services”, are subject to special terms of service, which the user has access while using those services. These specific terms of service complete or modify some of the present terms of service. Before using any of those services, the user must read and accept those terms.
2. OBJECT
Through the Portal, Janela Digital makes several services and content available to users. The source of these services and content can be Portal users and/or third parties content providers.
Janela Digital reserves the right to unilaterally change, at any given moment, and without previous notice, the Portal’s layout and configuration, as well as any services and the respective terms of service required for its use. Janela Digital will notify the user through a public interface within the Portal.
3. SERVICE ACCESS CONDITIONS
3.1 Free of charge services
The main service provided by the Portal is free of charge, requiring no registration by the user.
3.2 User registration
Some services available in the Portal or its services, require the filling of a form, in order to identify the user.
4. TERMS OF SERVICE USE
4.1. Obligation to make a correct use of the Portal and its Services
The user agrees to use the Portal and its services in respect with the law, as well as the present terms and conditions and the moral principles generally accepted.
The user specifically agrees not to use the Portal and its services with unlawful intentions, or contrary the present terms of service, that may affect, bring any damage or overloading condition to the Portal, or even prevent the normal use of its services by other users.
4.2. Access to content
The user must not try to obtain any information, messages, graphics, drawings, sound or image files, pictures, recordings, software and, in general, any type of content made available by the Portal or its Services, using any other means other than the ones made available by Janela Digital for that end or have been indicated in the web pages where that content can be found or, in general, in the ones that are usually used for that end (whenever there is no damage risk or malfunctioning of the Portal, Services and/or Contents).
4.3. Correct use of contents
By accessing the Portal’s content, the user agrees to its correct and lawful use, and specifically not to:
1) Perform or try to perform illegal activities that go against Janela Digital’s rights, or the http://cas.as Portal Users, or other third parties not mentioned before;
2) "Stalk" or otherwise harass others if have been asked to stop by the “harassment” targets or by Janela Digital;
3) Use or try to use any identity except its own, impersonate or try to impersonate including specifically, any Janela Digital official, and to host meetings with third parties with false information about ties of any kind with any third parties;
4) Make available, transmit, send, produce or reproduce any content which does not have the right to use (including, but not limited to, confidential information obtained in the regular course of a job function or rank);
5) Make available, transmit, send, produce or reproduce any content that infringes any patent, trademark, industrial secret, or any other type of copyright, from anyone, entity or institution;
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”;
7) Make available, transmit, send, produce or reproduce deliberately or not, any material that contains computer virus, or any other type of software with the objective of interfering, interrupt or limit the functionality of any computer or electronic system (hardware or software), as well as communication equipment;
8) Collect, store, make available, transmit, send, produce or reproduce in any format, personal information of third parties;
9) Promote, supply, make available, transmit, send, produce or reproduce any instructions about illegal activities, including but not limited to, information on how to build bombs, grenades or floppy disk bombs;
10) Promote aggression, including but not limited to, physical of emotional aggression on any group or individual, or any act of cruelty upon animals;
11) Publish property ads that have photos that may infringe any privacy, advertisement or brands rights, more specifically containing company logos, brands or services that belong or not to the Client;
12) Publish properties ads in which the space dedicated to the photos, blueprints, drawings or videos of the respective properties are being used to place any advertisement messages and/or logos, brands and services or graphical changes to photos;
The aforementioned activities are absolutely and completely prohibited to the user and constitute motive for immediate service suspension, either partially or completely, temporarily or not, of the Portal’s use, as well as deletion of any files or records belonging to the user, without any prior notice.
4.4. Links
The Users and, in general, persons, that want to establish a link that allows the access to the Portal’s web pages and respective Services from its web page, hereinafter referred to as (“links”) must abide the following rules:
1) The Link will provide access to the Portal’s web pages but cannot reproduce them in any way;
2) Only Links to the Portal’s homepage or Service’s home pages are allowed;
3) It will not be create a browser nor a border environment over the Portal’s web pages;
4) There will not be production of manifestations or false information, untrue or incorrect regarding the Portal’s and Service’s web pages nor will be any reference to the fact that Janela Digital approves the Link or that Janela Digital authorized it, supervision it, or assumed the contents or services offered or made available for the web page in witch the link is established;
5) Besides the Link itself, the Web page that makes it available must not contain any other type of information, image, slogan used by Janela Digital;
6) The content made available through the Web page containing the Link must not be illegal in any form, or contain information that is not considered as moral by the pubic in general, or contain any information that violates any third party’s rights.
Creating a link does not implicate the existence or any sort of relationship between Janela Digital and the owner of the Web page containing the Link, nor does it imply any sort of endorsement by Janela Digital to the content it provides.
5. JANELA DIGITAL RESPONSIBILITY
The http://cas.as Casa Sapo Portal was developed in good faith, with information provided by both internal and external sources and is made available to the Visitors “as it is”, with the possibility that it contains errors and/or inaccuracies.
Janela Digital can only be held responsible for damages that the User might suffer as a result of using the Portal, when such damaged can be inputted as the result of an unlawful act.
Janela Digital cannot be considered responsible for damages or liability or any kind that may result from (but not exclusively):
(i) Interferences, omissions, interruptions, computer viruses, telephone malfunctions or general electronic equipment failure that affects the content and/or services made available through the Portal, or in services provided by a third party, originated by reasons unknown to Janela Digital and that can render the service unavailable, or produce changes in the operative system, electronic documents or the User’s files;
(ii) Delays or usage blockages caused by deficiencies or overload conditions of Internet, or in other electronic systems, specifically, failures in the access to the portal’s Web pages or the services related with it;
(iii) Acts from third parties resulting from illegal access, outside the Portal’s control and that cannot be inputted to Janela Digital, including intromissions provoked by the knowledge that non-authorized third parties might have from the conditions, features and circumstances of use that the user make of the Portal and respective Services;
(iv) Information inaccuracies, documentation and/or general content of the Portal and its Services, that might exist between the electronic version and the printed version, that fails to meet the expectations the user has towards the service;
(v) Lack of detail, truthful or updated information of the content, data or general information of any other nature, including the offers, products or services, prices, features or any other relevant information associated with products or services available through the Portal by a third party, as well as the information made available in the Web pages provided by this third party;
(vi) Transmission, diffusion, storage, availability, reception, or access to contents;
(vii) Errors or security deficiencies caused by the user usage of an outdated or insecure Web browser, as well as the activation of any features that relate to password storage or identification information provided by the Web browser, that may result in damage or errors;
(viii) Functioning, availability and accessibility to the Web sites which one is forwarded through the links, information flow, existing services and contents on those sites, quality, lawfulness, reliability and information utility, existing contents and services in those sites.
6. INDUSTRIAL AND INTELECTUAL PROPERTY
All content available in the Portal (including but not limited to, text, graphics, logos, icons, data bases, images, text files, audio, video and software) are property of Janela Digital or any other entity within the se same company group, clients, suppliers or content suppliers, and are protected by international dispositions regarding industrial and intellectual property.
The compilation (as well as recompilation or arrangement) of all the content available in the Site is exclusive property of Janela Digital and is protected by the international dispositions regarding industrial and intellectual property. All the software used in the Portal is property of Janela Digital or any other entity within the se same company group, or other software suppliers and is protected by the international industrial and intellectual laws.
The reproduction, alteration, copy, use, distribution, selling, public communication or any other usage of information contained in the Portal (including the design and layout), without the express authorization by Janela Digital, constitutes an infraction of the intellectual property law.
Any of the rights aforementioned are totally or partially transmitted without the express authorization by Janela Digital or its owners.
It cannot be assumed that no rights will be conceded to alter, reproduce, distribute or publicly communicate the mentioned content without the express authorization by Janela Digital or its owners.
7. PERSONAL INFORMATION
In order to have access to some services, it is required that users provide to Janela Digital, or any other company within the Portugal Telecom group, certain personal information (“Personal Information”). This information will be used and handled as mentioned in the specific terms of service as well as in the respective Privacy Policy.
8. COOKIES
Janela Digital informs that will send to the user’s computer’s hard disk files, called “Cookies”, which will register the User’s activities in the visited page, to track the number of visitors and most requested services, as well as consumer habits. The user can configure the computer to reject the referred cookies. Janela Digital will not use any other technology to store or retrieve information from the user’s computer.
9. LINKS to third parties sites
The Real Estate Portal http://cas.as may contain Links to other external Web sites, that may be of interest to the users. http://cas.as does not have any responsibility or control over the availability or the contents of such external sites. It is the responsibility of the Users to acknowledge the privacy policy and terms and conditions of use of those sites.
10. MATERIAL AND SOFTWARE COPYRIGHT
All the information, contents, software and materials included in the Portal and/or its Services are protected by copyright and intellectual and industrial property laws and other property rights. Users cannot copy or distribute these materials without express authorization by the legitimate owner of those rights. The user can use these materials for personal use, as long as it does not change or eliminate any information regarding copyright notices, assuming responsibility by the use and storage of the information received.
11. ATTACKS TO SYSTEMS
The users cannot, even in the tentative form, attack the network or systems owned by Janela Digital or a third party, by any means such as (but not limited to) mail bombing, hacking, root access, tsunami, flood bots, nuke, flash, packet sniffers or flood pings, as well as any other activities that result in damage to Janela Digital or a third party.
12. DURATION AND TERMINATION
The Portal and its services are made available with undetermined duration, or as otherwise stated in the service’s specific terms of service. Janela Digital can terminate or suspend the service at any moment, without violation of each service’s terms of service. Whenever possible, Janela Digital will communicate the termination or suspension of the Portal or its services.
13. APPLICABLE LAW AND JURISDICTION
The present general conditions are governed by the Portuguese Law.
For the resolution of any conflicts emerging from the service object of the present General Conditions with will be competent the court of Caldas da Rainha – Portugal, with express renounce to any other.