Terms and Conditions and Disclaimer
I have built this website in good faith to pass on my experience and advice on the field of Portuguese learning. With it, my aim it to help you achieve a better understanding of the Portuguese language which may help you to speak Portuguese quickly and faster. I've written all the material you find on this site, so I am the copyright owner of it. Www.learn-portuguese-with-rafa.com provides this website as a service and a source of information.
While the information contained within the site is periodically updated, I give no guarantee that the information provided in this website is correct, complete, and/or up-to-date. The materials contained on this website are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter. I, nor www.learn-portuguese-with-rafa.com do not accept any responsibility for any loss, damage or harm which may arise from reliance on information contained on this site. The terms and conditions of this Agreement are subject to change by Learn-portuguese-with-rafa at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you may not use Learn-portuguese-with-rafa.com.
The terms and conditions and privacy policies contained herein apply to all users of Learn-portuguese-with-rafa whether a 'visitor' or a 'member' and you are only authorized to use Learn-portuguese-with-rafa.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
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Permission is given for the downloading and temporary storage of one or more of these pages and/or documents for the purpose of viewing on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is totally prohibited without the prior written consent of www.learn-portuguese-with-rafa.com.
By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use Learn-portuguese-with-rafa.com. The Learn-portuguese-with-rafa website allows for some downloading, sharing and general viewing various types of content allowing registered and unregistered users to view visual language, audio, video and multimeedia content. In addition, Learn-portuguese-with-rafa may contain text, audio, and video content, information and other materials posted/uploaded by users.
The Learn-portuguese-with-rafa website may also contain certain links to third party websites which are in no way owned or controlled by Learn-portuguese-with-rafa. Learn-portuguese-with-rafa assumes no responsibility whatsoever for the content, privacy policies, practices of any and all third party websites. Learn-portuguese-with-rafa cannot censor or edit the content of third party sites. You acknowledge that Learn-portuguese-with-rafa will not be liable for any and all liability arising for your use of any third-party website.
Learn-portuguese-with-rafa.com is for your personal use and shall not be used for any commercial endeavour except those specifically endorsed or approved by Learn-portuguese-with-rafa.com. Any illegal and/or unauthorized use of Learn-portuguese-with-rafa information or content of any kind is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Learn-portuguese-with-rafa.com website is prohibited.
3. INTELLECTUAL PROPERTY
The Content contained on the Learn-portuguese-with-rafa website, User Submissions including and not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Learn-portuguese-with-rafa, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions.
Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner(s). Learn-portuguese-with-rafa reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the Learn-portuguese-with-rafa or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Learn-portuguese-with-rafa website or the Content therein.
Some links within this website may lead to other websites, including those operated and maintained by third parties. Lear-portuguese-with-rafa.com includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.
In order to use this website, you affirm that you are at least eighteen (18) year of age, when required, and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
Reproduction, distribution, republication, and/or retransmission of material contained within this website are totally prohibited unless the prior written permission of learn-portuguese-with-rafa.com has been obtained.
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on Learn-portuguese-with-rafa website.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Learn-portuguese-with-rafa content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libellous, invasive of one's privacy including but not limited to personal information, hateful, racial.
You also agree that you shall not post, upload, publish, transmit or make available in any way on Learn-portuguese-with-rafa software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Learn-portuguese-with-rafa content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, excluding but not limited to any laws or regulations relating to securities, privacy, and export control, engage in, promote.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Learn-portuguese-with-rafa content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
You agree not to use Learn-portuguese-with-rafa in any way that exposes Learn-portuguese-with-rafa to criminal or civil liability.
You agree that Learn-portuguese-with-rafa shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
6. SUBMISSIONS FROM USERS
Learn-portuguese-with-rafa permits the submission of text and other communications from users. You understand that whether or not such submissions from users are published and/or uploaded, Learn-portuguese-with-rafa does not guarantee any confidentiality with respect to any submissions.
Unless with written permission obtained from Learn-portuguese-with-rafa, Learn-portuguese-with-rafa will not allow/permit you to link to materials on the Website. More over, Learn-portuguese-with-rafa may provide an "Embeddable Player" feature, which you may not incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website. Learn-portuguese-with-rafa reserves the right to discontinue any aspect of the Learn-portuguese-with-rafa website at any time.
In addition, you may not modify, build upon, alter or block any portion of the Embeddable Player or its contents in any way.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
a) you own or retain the necessary licenses, rights, consents, and permissions to use and authorize Learn-portuguese-with-rafa to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms and conditions of Service; and
b) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
c) You have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms and Conditions of Service. For clarity, you retain all of your ownership rights in your submissions. By submitting information to a Learn-portuguese-with-rafa.com forum (for instance), you hereby grant Learn-portuguese-with-rafa a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Learn-portuguese-with-rafa Website and Learn-portuguese-with-rafa's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Learn-portuguese-with-rafa Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Learn-portuguese-with-rafa Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the Website and under these Terms and Conditions of Service. The foregoing license granted by you terminates once you remove or delete a submission from the Learn-portuguese-with-rafa Website.
In submitting material (text, or other communication), you further agree that you shall not:
a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Learn-portuguese-with-rafa all of the license rights granted herein;
b) publish falsehoods or misrepresentations that could damage Learn-portuguese-with-rafa or any third party;
c) submit material that is obscene, illegal, unlawful, defamatory, libellous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
d) post advertisements or solicitations of business;
e) impersonate another person. Learn-portuguese-with-rafa does not endorse any submission or any opinion, recommendation, or advice expressed therein, and Learn-portuguese-with-rafa expressly disclaims any and all liability in connection with submissions. Learn-portuguese-with-rafa does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Learn-portuguese-with-rafa will remove all content and submissions if properly notified that such content or submission infringes on another's intellectual property rights.
Learn-portuguese-with-rafa reserves the right to remove content and submissions without prior notice or delay. Learn-portuguese-with-rafa will also terminate a User's access to its Website, if they are determined to be an infringer. Learn-portuguese-with-rafa also reserves the right to decide in its sole and unfettered discretion, whether content or a submission is appropriate and complies with these Terms and Conditions of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Learn-portuguese-with-rafa may remove such submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using Learn-portuguese-with-rafa.com, you will be exposed to resources as well as submissions from a variety of sources, and that Learn-portuguese-with-rafa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions and resources. You further understand and acknowledge that you may be exposed to content that are inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Learn-portuguese-with-rafa with respect thereto, and agree to indemnify and hold Learn-portuguese-with-rafa, its owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that Learn-portuguese-with-rafa may at its sole discretion have the right to refuse to publish, remove, or block access to any information that is available via the Website or other Learn-portuguese-with-rafa network or services at any time, for any reason, or for no reason at all, with or without notice.
Learn-portuguese-with-rafa provides its website as a source of information and a service to its users. However, Learn-portuguese-with-rafa assumes no responsibility whatsoever for monitoring the Learn-portuguese-with-rafa Services for inappropriate content or conduct. If at any time Learn-portuguese-with-rafa chooses, in its sole discretion, to monitor the Learn-portuguese-with-rafa services, however, Learn-portuguese-with-rafa assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
Learn-portuguese-with-rafa may review and delete any submissions from users that, in its sole judgement, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website (collectively "Inappropriate Submissions").
You acknowledge that Learn-portuguese-with-rafa reserves the right to charge for Learn-portuguese-with-rafa services and information and to change its fees from time to time in its discretion. Further more, in the event Learn-portuguese-with-rafa terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Learn-portuguese-with-rafa abides by a ZERO TOLERANCE policy relating to any illegal content. Pornography, child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Learn-portuguese-with-rafa.
Any personal data submitted through contact forms on this website are temporarily collected solely for the purpose of connecting with the person who has submitted it, and will be deleted soon after communication ends. I do not have any interest whatsoever in retaining information from users nor will ever sell, or pass such information to any third parties.
You represent and warrant that all of the information provided by you to Learn-portuguese-with-rafa to participate in the Learn-portuguese-with-rafa website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE LEARN-PORTUGUESE-WITH-RAFA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LEARN-PORTUGUESE-WITH-RAFA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LEARN-PORTUGUESE-WITH-RAFA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LEARN-PORTUGUESE-WITH-RAFA WEBSITE,
C) ANY UNAUTHORIZED ACCESS TO OR USE OF LEARN-PORTUGUESE-WITH-RAFA SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LEARN-PORTUGUESE-WITH-RAFA WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR
E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARN-PORTUGUESE-WITH-RAFA WEBSITE.
LEARN-PORTUGUESE-WITH-RAFA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEARN-PORTUGUESE-WITH-RAFA WEBSITE OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER, LINK OR OTHER ADVERTISING, AND LEARN-PORTUGUESE-WITH-RAFA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LEARN-PORTUGUESE-WITH-RAFA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL LEARN-PORTUGUESE-WITH-RAFA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LEARN-PORTUGUESE-WITH-RAFA WEBSITE,
C). ANY UNAUTHORIZED ACCESS TO OR USE OF LEARN-PORTUGUESE-WITH-RAFA SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LEARN-PORTUGUESE-WITH-RAFA WEBSITE,
E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LEARN-PORTUGUESE-WITH-RAFA WEBSITE BY ANY THIRD PARTY, AND/OR
F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEARN-PORTUGUESE-WITH-RAFA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LEARN-PORTUGUESE-WITH-RAFA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Learn-portuguese-with-rafa, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
a) your use of and access to the Learn-portuguese-with-rafa Website;
b) your violation of any term of these Terms of Service;
c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
d) Any claim that one of your submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions of Service and your use of the Learn-portuguese-with-rafa Website.
You affirm that, when required, you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Service, and to abide by and comply with these Terms and Conditions contained herein.
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Learn-portuguese-with-rafa without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of PORTUGAL, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in PORTUGAL. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
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