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This web site (“Site” or “Website”) is owned and operated by Sparkling Viagens e Turismo, Lda (“Sparkling”). These Terms of Use (“Terms of Use”) contain the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use this Site and the content. These Terms of Use are current as of [date].
By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. If you do not agree to these Terms of Use, you should not use this Site.
Terms and Conditions
- Grant of License.These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print and download materials and information on the Website solely for personal and non-commercial use, or for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through the Website. Further, you may not post any content from the Website to forums, newsgroups, list serves, mailing lists or other websites, without the prior written consent of Sparkling. You warrant to Sparkling’s that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Website, or (ii) systematically extracting data contained in a Website to populate databases for internal or external business use.
- Intellectual Property Rights.. The Site, its content, layout and design are the exclusive property of Sparkling’s or its licensors and, except as expressly provided herein, Sparkling does not grant any express or implied right in any such materials to you. All rights reserved. In particular and without limitation, Sparkling owns copyright in the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Sparkling and all other names, logos, and icons identifying Sparkling and/or Sparkling’s services are proprietary marks of Sparkling. Third party product and company names mentioned herein are the trademarks of their respective owners.
- Assumption of Risk.You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Sparkling has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Website over the Internet cannot be guaranteed. Accordingly, Sparkling and Sparkling’s suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Sparkling and Sparkling’s suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
- Enforcing Security.Actual or attempted unauthorized use of any of the Website may result in criminal and/or civil prosecution. For your protection, Sparkling reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. Sparkling will also comply with all court orders involving requests for such information.
- Links to Other Websites.Sparkling may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Sparkling and are maintained by third parties over which Sparkling exercises no control. Accordingly, Sparkling expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
- Events Beyond Sparkling’s Control.You expressly absolve and release Sparkling’s and Sparkling’s suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
- Submissions.Sparkling also welcomes your feedback and suggestions about how to improve a Website. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Sparkling to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
- Governing Law.These Terms of Use, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of Portugal.
- Dispute Resolution.Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by the competent courts in Lisbon, Portugal.
- Term, Termination, Amendments.These Terms of Use will take effect when you first commence using the Site. Sparkling reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice. Please note that Sparkling reserves the right to change the terms and conditions of these Terms of Use upon notice, which may be given by Sparkling posting such change on the Site or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Sparkling. Your continued use of a Website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Site provided in any other reasonable way constitutes reasonable and sufficient notice.
- Waiver.Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Sparkling of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- Nature of Relationship / Severability.No joint venture, partnership, employment, or agency relationship exists between you and Sparkling as a result of these Terms of Use or your utilization of the Website. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.
- Acknowledgement and Agreement.By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. If you would like to contact Sparkling regarding these Terms of Use or the Privacy Policy, please contact:
Legal Department
Sparkling Viagens e Turismo, Lda
Rua dos Tremoceiros 381
2750-Cascais, Portugal
Phone: + 351 936 226 473
If you choose to contact Sparkling via e-mail regarding these Terms of Use, respectively, please mark the subject heading of your e-mail “User Agreement Inquiry”.