Terms of Use

This website was created, is owned and managed by Associação Porto Digital, headquartered at Largo do Dr. Tito Fontes 15, 4000-538 Porto, Portugal, legal entity number 506838730, (hereinafter referred to as “Porto Digital”), and its use is governed by these Terms of Use.

Acceptance of Terms of Use

The user of the website (“User”) acknowledges that by using this website, they are accepting these Terms of Use.

Changes to the Terms of Use

Porto Digital reserves the right, at any time, without prior notice and with immediate effect, to change, add, update, or delete, in whole or in part, these Terms of Use.

The User should periodically review these Terms of Use 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 to suspend access to the website, in whole or in part, at any time, in particular but not exclusively for management, maintenance, repair, alteration, or modernization operations. Porto Digital may also choose to shut down, permanently or temporarily, partially or entirely, at any time, the website or any part thereof, 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, libelous, invasive of privacy, racially, ethically, or morally reprehensible, harmful, or offensive to people's dignity, harmful to minors, or that could 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 that contains 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 computer items or code, files, or programs that are likely to interrupt, destroy, or limit the functionality of any computer equipment or system (hardware or software) or communications equipment;
    • Do not use or exploit the website, including its content, materials, features, or resources, for commercial purposes or in any way that is paid for. All content made available may only be accessed for the purposes defined by the website itself.
    • Do not remove any copyright notices, trademarks, or proprietary rights notices;
      Do not make available or transmit any unsolicited or unauthorized content such 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 features. The User acknowledges that their use of the website is at their own risk and that they are solely responsible for any damage caused to their computer system and/or equipment or for other damages or losses, including loss or damage to data, resulting from the use of materials, content, or information obtained in any way through the website.

The Website provides Augmented Reality experiences visible in public spaces. Interaction with this content must be done in a responsible, prudent, and careful manner. When using your mobile device to access this content, pay close attention to your surroundings 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, organization, and presentation of its content, including its features and the software used therein, 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 to it.

The User further acknowledges that the contents of this website (texts, images, sounds, videos, animations, other graphic elements, trademarks, 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.

Porto Digital is responsible for managing the design, layout, and arrangement of all information, content, and materials on the website, and Porto Digital may, at any time, update, modify, or delete any content, services, options, or features, as well as modify their presentation and configuration and change their respective URLs.

The User is not authorized 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 the prior written authorization of Porto Digital.

These terms and conditions do not prejudice the protection of copyright and related rights granted by the Copyright and Related Rights Code, approved by Decree-Law No. 63/85 of March 14, and other applicable legislation. The protection afforded in matters of personality rights is likewise safeguarded, under Articles 70 to 81 of the Civil Code, approved by Decree-Law No. 47344 of November 25, 1966, and other applicable legislation.

Porto Digital reserves the right to set restrictions, namely regarding quality, or to condition the viewing, in whole or in part, of the content made available on the Website, in particular for supervening editorial and/or legal reasons, or for accessibility and user experience improvement purposes.

Access to and viewing of any content (in its various forms such as sound, video, animation, or others) does not, by itself, include the transfer of copyright or related rights over such content, nor the granting of any license.

The user must verify whether third-party rights exist and obtain all other necessary permissions to carry out their activities without infringing property rights, breaching any duty, or violating any agreement with third parties.

The use of content in violation of these Terms of Use and other applicable legislation entails the individual liability of the user, under general legal terms, and does not entail any consequences not attributable to Porto Digital. The user shall defend, indemnify, and hold Porto Digital harmless from all claims, actions, expenses (including attorney’s fees and court costs), damages, losses, and liabilities resulting from or related to any violation of these terms and conditions.

Information

The information made available on the website is intended to present the Porto Digital Gallery and the works contained therein.

Liability and Warranties

The website was developed with the interests of different types of users and audiences in mind. However, we cannot guarantee that the website or any of its available features will meet your specific needs and expectations or serve your particular purposes.

Porto Digital does not assume any legal duty regarding:

    • Whether any information or suggestion of any kind, provided by Porto Digital, presented or made available on the website, or obtained through its use, is current, accurate, complete, or error-free;
    • Whether any material or other type of content made available by third parties through the website is safe, lawful, or appropriate;
    • Whether the qualities, functionalities, or characteristics of the products, services, information, or other materials or content disclosed on the website will meet users’ expectations.

Porto Digital shall not be held responsible for errors that may occur due to system irregularities, temporary or permanent failure of the website, applications, or other tools. Porto Digital shall not be liable for any damages resulting from improper use of the website or from the inability to use it.

Links to Third-Party Websites

Porto Digital may provide links to pages belonging to other entities. These websites are not owned, operated, or controlled by Porto Digital, and therefore Porto Digital is not responsible for, does not approve, endorse, or in any way support or subscribe to the content of those websites, or of any websites linked to or referenced therein. The establishment of such links does not, under any circumstances, imply the existence of any relationship between Porto Digital and the owner or operator of the website to which the link refers.

Accordingly, Porto Digital is not responsible for the legality, reliability, or quality of any content made available on those websites, nor for compliance with applicable legal rules concerning the content available therein, and the use of such links is the sole responsibility of the Users.

Security

Porto Digital does not guarantee that the website will operate without interruption, be free from errors or failures, or be continuously available.

Porto Digital makes every effort to ensure that the website is free from viruses or other elements that could be harmful to your computer or any other device through which you access the website. However, since Porto Digital cannot fully control the flow of information over the Internet, it cannot guarantee that the website or its contents are free from viruses or other elements that may damage your computer.

To ensure the security of the website, Porto Digital may, at any time and without prior notice, take the necessary measures to safeguard the integrity, security, continuity, or quality of the website, including imposing restrictions or limitations on access.

Validity of the Terms and Conditions of Use

If any part or provision of these Terms of Use is found to be 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 regarding these Terms of Use, you may contact us through the following means:

Address: Largo do Dr. Tito Fontes, no. 15, 4000-538
Phone: +351 222 058 412
Email: info@portodigital.pt

Applicable Law

The management, administration, use, and enforcement of these Terms of Use of the website are governed by Portuguese law.

Jurisdiction

To settle any questions or disputes that may arise in connection with these Terms and Conditions, the courts of the District of Porto shall have exclusive jurisdiction, with express waiver of any other jurisdiction.