Terms and Conditions
Subject to and conditioned on Licensee’s continuous compliance with this Agreement and payment of the applicable fees, JOAOLAMARES.COM grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to Install and Access the Licensed Materials, in each case solely (a) in the Territory, (b) within the scope of the License Type and Permitted Number specified in the applicable License Identification, and (c) in accordance with the other terms of this Agreement. Various License Types are described in PERSONAL LICENSE AND COMERCIAL LICENCE.
2.USER CONDUCT AND OBLIGATIONS
You agree and undertake to Us that You shall:
- Not use our Services for any illegal or unauthorized purpose;
- Not abuse, harass, threaten, or intimidate other users of the Services;
- Not reverse engineer, decompile or disassemble Our Services;
- Not copy, modify, adapt or hack Our Website and Services;
- Not rent, lease, sublicense, sell, assign, loan or otherwise transfer the Services;
- Not upload, transmit or distribute any viruses, worms, or invalid data to Our Services and other users;
- Not use our Services to promote discrimination, hostility or violence;
- Not impersonate another person or otherwise mispresenting your affiliation with a person conducting fraud, hiding or attempting to hide Your identity;
- Be responsible for Your conduct and act on the use of Our Services (including, any activity that occurs under Your account);
3.SUBSCRIPTION OF OUR SERVICES AND DOWNLOADS (JOAOLAMARES.COM)
The use of Our certain Services is subject to payment of fee(s). Images can be downloaded in different jpeg sizes. Different jpeg sizes have different download prices. When one customer buy a digital product, he or she, have 5 days to download. However, if he or she, do not download his file in these 5 days, must request a new activation of the link. The buyer have also 3 chances of download per image. This prerogative is to prevent any failure in download process.
All Fees are quoted in EUROS unless otherwise specified.
We will use all reasonable effort to ensure that the pricing and information for Our Services stated in the Websites are accurate, however, there are possibilities due to genuine error that the information of Our Services is inaccurate or any of Our Services is priced wrongly. In such situation, we shall reserve the right to take any appropriate action we deem necessary to rectify the same.
4.USER REPRESENTATION AND WARRANTIES
You hereby represent, warrant and covenant to us that:
- You are at least 16 (if You are residing in EU) / 18 years of age (if You reside everywhere else aside from EU) and have the right to enter into this Agreement;
- You will not use the Content in any way that is not permitted by this Agreement, or any other relevant licensing agreements;
- Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- The information You provide to us is accurate and true, including without limitation all credit card information;
- You agree that all passwords to Your account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If You breach any provision of this section, We shall be entitled to:
- terminate this Agreement immediately with notice to You;
- retain all unpaid payments pursuant to this Agreement; and seek any legal or equitable remedies.
You are hereby granted a non-exclusive, limited, non-transferable, non-assignable, irrevocable license to use the Services of the JOAOLAMARES PHOTOGRAPHY to such extent as expressly and explicitly permitted by the terms and conditions of this Agreement.
6.INTELLECTUAL PROPERTY RIGHTS
The Website and Services are owned and operated by JOAOLAMARES.COM While images on the Website are either owned by Us or Our partners / contributors and are protected by international copyright laws and international treaty provisions. We retain all rights not expressly or explicitly granted pursuant to this Agreement. The license contained in this Agreement will be terminated automatically without notice from Us should you fail to comply with any provision of this Agreement.
We reserve the right to investigate notices of copyright, trademark, and other intellectual property infringement owner (“Infringement”) in relation to the use of the Contents, Website or Services and take appropriate action. If You believe that Your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on Our Services, please notify us in writing immediately together with the relevant information of such Infringement.
You may not assign or transfer to anyone the rights granted to You in this Agreement, without Our prior written consent and any attempted or actual assignment or transfer thereof shall be null and void. We reserve the right to assign the whole or any part of this Agreement to its affiliates without Your consent.
We shall not be liable for any delays in performance of Our Services and obligations under this Agreement for causes beyond its reasonable control, including but not limited to fire, flood, epidemic, strike, act of God or public disorder.
c) Entire Agreement
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between You and Us, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and Us relating to the subject of this Agreement. The explanations to FAQ’s and other explanations and content provided in our website(s) are for your information only and are not, and shall not be construed as, part of this Agreement.
9. GOVERNIG LAW AND DISPUTE RESOLUTION
The establishment, effectiveness, interpretation and execution of this agreement shall all be governed by the laws of PORTUGAL/EU, subject to its jurisdiction, and without regard to the conflict of laws principles.
All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations.
If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to PORTUGAL/EU International Arbitration Centre for arbitration in PORTUGAL.
You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to Us such that damages and remedies under PORTUGAL/EU Law for any breach of any such covenant would be inadequate.
You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of PORTUGAL/EU, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.