The access, navigation and use of the website www.eroxmax.com (hereinafter, Eroxmax) implies the express and unreserved acceptance of all the terms of this Legal Notice. Your observance and compliance shall be required with respect to any person that access, browse or use the Website.
Owner: Panóplia of Ocasião, Lda (hereinafter, EROXMAX)
Registered address: Rua Fernandes dos Anjos nº 200 - 2nd DT. Vila Nova de Gaia.
C. I. F.: 513131086
The present Legal Notice regulates the access, navigation and use of the Website, without prejudice to that Eroxmax reserves the right to modify the presentation, configuration and content of the Web Site, as well as the conditions required for access and/or use. The access and/or use of the Website following the entry into force of its modifications or changes imply acceptance of the same.
However, the access to certain contents and the use of certain services may be subject to certain particular conditions, which shall under all circumstances be clearly shown and must be expressly accepted by the Users. These special conditions may replace, supplement or, in your case, modify the established in the present Legal Notice.
ACCESS AND REGISTRATION
Access to and use of the Website does not require registration. However, the access and navigation of the Website imply that the User accepts in full and agrees to comply fully with this Legal Notice, as well as the instructions or recommendations given to you in each specific case through the Web Site.
In any case, it is prohibited the access and navigation of the Web Site by minors under the age of eighteen (18) years of age, unless they have the prior and express authorization of their parents, guardians or legal representatives, which shall be considered as responsible of the acts carried out by the minors in their charge in accordance with the regulations in force. In any case, it is presumed that access by a minor to the Website was made with the prior and express authorisation of their parents, guardians or legal representatives.
RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
Eroxmax is the owner or, in your case, with the appropriate licenses on the exploitation rights of intellectual and industrial property rights necessary to operate the Web Site, as well as of all the contents offered on the same, including the Web Site itself, text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the same.
In no case shall the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial cession of these rights on the part of Eroxmax. The User has a right of use of the content and/or services on the Website within a strictly domestic, and only with the purpose of enjoying the benefit of the service in accordance with the present Legal Notice.
The references to brand names or registered trade names, or other distinctive signs, whether owned by Eroxmax or third parties, carry the implicit prohibition on their use without the consent d Eroxmax or of their legitimate owners. At no time shall the access, navigation or use of the Website and/or its content gives the User any right over distinctive signs included in it, unless otherwise provided for in this Legal Notice.
Are reserved all the rights of intellectual and industrial property on the contents and/or services on the Website and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, the whole or part of the contents included in the Website, for any purpose, without the prior, express and written consent of Eroxmax or, in your case, of Eroxmax of the corresponding rights.
Also, it is prohibited to remove or manipulate the indications of copyright or other credits that will identify the rights holders of the content that the User finds in the Website, as well as the technical protection devices, digital fingerprints or any mechanisms of protection or information to be added to the contents offered in the Web Site.
In the event that the User sends information or content of any type to Eroxmax through any of the channels enabled to the effect, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any right of intellectual and industrial property, trade secret or any other rights of third parties, and that such information is not confidential or is otherwise injurious to third parties.
The User agrees to assume the responsibility, leaving harmless Eroxmax, by any communication or content that you submit personally or on his behalf.
If the User had knowledge of the existence of any illegal content, illegal, contrary to the laws or that could result in a violation of intellectual property rights, industrial or any other nature, shall immediately notify Eroxmax through the e-mail address firstname.lastname@example.org so that it can proceed to the adoption of appropriate measures.
Similarly, in the event that any User or third party consider that any content on the Web Site property of Eroxmax violates their rights of intellectual and industrial property, or of any other nature, shall send a communication to email@example.com with the following information:
1) identification Data and contact details of the complainant or of its legal representative;
2) Documentation proving their status as a Holder of the rights allegedly infringed;
3) detailed Account of the rights allegedly infringed by Eroxmax, as well as their exact location within the Web Site;
4) an express Declaration by the claimant that the use of the contents is made without the consent of the Holder of the rights allegedly infringed.
1. LINKS TO OTHER WEB PAGES
In the event that on the Web Site it will show links to other websites through different buttons, links, banners or contents embedded, Eroxmax reports that they are managed by third parties, not having Eroxmax nor human nor technical means to know of pre-and/or control and/or approve all information, contents, products or services provided by other platforms which may establish links from the Web Site.
In consequence, Eroxmax will not assume any responsibility for any aspect of the Web Site or web page to which could establish a link from the Web Site, in particular, by way of example, but not limited to, its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if the Users have effective knowledge of the activities developed through these third party web pages that are illegal or contrary to morality and/or ordre public, must immediately notify the Eroxmax for the purposes of proceeding to disable the access link to the same, an action that will take place in the shortest possible time.
In any case, the establishment of any type of link from the Web Site to another web page outside does not imply any type of relationship, collaboration or dependence between Eroxmax and the responsible for the website of others.
2. LINKS TO THE CHANNEL EROXMAX ON OTHER PLATFORMS AND SOCIAL NETWORKS
Eroxmax puts at the disposal of Users, through different tools and applications, means of links, which allow the Users to access the channels and pages of the Web Site that maintains in different platforms and social networks owned and/or operated by third parties (e.g. Twitter, Facebook, YouTube, etc). The inclusion of these links in the Website is for the sole purpose of facilitating Users the access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between Eroxmax and the owner, manufacturer or distributor of the linked Web Site, nor the acceptance and approval of Eroxmax of its contents and/or services, being its owner, manufacturer or distributor, solely responsible for the same.
The activation and use of these applications may lead to the identification and authentication of the User (login/password) in the corresponding platforms, completely external to the Web Site and outside the control of Eroxmax. The access to these external networks, the User enters in an environment not controlled by Eroxmax, so that Eroxmax not assume any responsibility for the security configuration of those environments.
Given that Eroxmax can have a limited control over the content hosted on such channels, the User acknowledges and accepts that Eroxmax does not assume any responsibility for the content or services to which the User may access in said pages, nor for any content, products, services, advertising, or any other material available in the same.
3. LINKS ON OTHER WEB PAGES WITH THE TARGET WEB SITE
Eroxmax does not authorize the establishment of a link to its Website from pages containing material, information or illicit, illegal, degrading, obscene and, in general, that contravene the law, morals or public order, or generally accepted social norms.
In any case, Users will be able to establish direct links to the Web Site, provided they comply with the following conditions:
1) The link may not reproduce the content of the Website or parts thereof in any form;
2) it is Not allowed to create a browser nor a border environment on the sections of the Web Site, or any other form may be amended on the Website;
3) are Not allowed to make statements or false or inaccurate or incorrect on the Web Site and/or, in particular, to declare or to imply that Eroxmax has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page that establishes the link;
4) The web page on which the link is established to the Web Site will not contain information or illicit contents, contrary to morals and good customs generally accepted and public order, nor contain contents contrary to any rights of third parties, including the rights of intellectual or industrial property and/or the right to honour, personal or family privacy or to the image itself or of any other right, or content contrary to the rules governing the protection of personal data.
Eroxmax has no power nor human nor technical means to know, control or approve all the information, contents, products or services provided by other web pages that have established links with destination to the Website. Eroxmax not assume any responsibility for any aspect of the web page that establishes a link with the target Web Site; in particular, by way of example and not limitation, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
OF USE OF THE WEB SITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the User, the access to or use of the Web Site with illegal or unauthorized purposes, with or without profit. In particular, and without the following list being limited, it is prohibited:
1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
2) Use the Web Site for the transmission, installation or publication of any virus, malicious code or other programs or files harmful;
3) Use the Web Site to collect personal data of other Users;
4) Use the Website in any unlawful manner, contrary to good faith, morality and public order;
5) Register through the Web Site with a false identity, impersonating third parties or using a profile or performing any other action that may mislead other Users about the identity of the User;
6) to gain unauthorized Access to any section of the Website, any other systems or networks connected to the Website, the servers Eroxmax, or the services offered through the Web Site, by means of piracy or falsification, extraction of passwords or any other illegitimate means;
7) Violating, or attempting to violate, the security or authentication measures of the Website or any network connected to the same, or the measures of security or protection inherent to the content offered on the Website;
8) Carry out any action that causes a saturation, disproportionate or unnecessary in the infrastructure of the Website or the systems or networks of Eroxmax, as well as on systems and networks connected to the Website; or
9) Prevent the normal development of an event, contest, promotion, or any other activity available through the Web Site or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access to, participation in or operation of those, or falsifying the result of the same and/or employing fraudulent methods of participation through any procedure, and/or through any practice that threatens or violates this Legal Notice.
The breach of any of the above obligations by the User may lead to the adoption by Eroxmax the appropriate measures covered in the Law and in the exercise of its rights or obligations, which may reach the elimination or blocking of the account of the offending User, without any possibility of compensation for the damages caused.
RESPONSIBILITIES AND WARRANTIES
Eroxmax can not guarantee the reliability, utility or veracity of the information and/or the services and contents of the Web Site nor the utility or veracity of the documentation made available to you through the same.
In consequence, Eroxmax does not guarantee nor is responsible for:
1) the continuity of The contents and services of the Website;
2) The absence of errors in such contents and services;
3) The absence of viruses and/or other harmful components on the Website or in the server supplying it;
4) the invulnerability of The Website and/or the impossibility to break the safety measures to be taken in the same;
5) The lack of usefulness or performance of the contents and services of the Website; and
6) The damages or harm that it causes, to itself or to a third party, any person that infringes the conditions, norms and instructions that Eroxmax set out on the Website or through the violation of the security systems of the Website.
This does not, however, Eroxmax declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and reduce to a minimum the errors of the system, both from the technical point of view as of the contents published on the Web Site.
Eroxmax does not guarantee the legality, reliability, or usefulness of the contents provided by third parties through the Web Site. If the User had knowledge of the existence of any illegal content, illegal, contrary to law, or which may involve an infringement of third party rights, you shall promptly notify Eroxmax so that it can proceed to the adoption of appropriate measures.
Eroxmax not be responsible for the truthfulness, integrity or updating of the information published on the Website from sources external to the same, as well as nor of the content of other platforms to link from the Web Site. Eroxmax not assume any responsibility regarding hypothetical damage that may arise from the use of said information.
Eroxmax not be held responsible for causes beyond its control, among which may be listed but not limited to: force majeure, problems of access to the Internet, technological problems beyond the management diligent and reasonable Eroxmax, actions or omissions of third parties, etc, In all such cases, is beyond the control and due diligence by Eroxmax, there will not be place to compensation of Eroxmax to the User for damages or losses, to the extent permitted by applicable law.
SUSPENSION OF THE WEB SITE
Eroxmax reserves the right to suspend, modify, restrict or discontinue, whether temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of the services of the Website, with or without prior notice, to Users who violate any of the provisions detailed in this Legal Notice, without the possibility of the User to demand any compensation for this cause.
CONFIDENTIALITY AND DATA PROTECTION
The headings of the different clauses are only informative and do not affect, qualify or extend the interpretation of this Legal Notice. Also, Eroxmax may modify the terms and conditions here stipulated, totally or partially, publishing any change in the same way that it appears this Legal Notice or through any type of communication directed to Users.
The temporary validity of this Legal Notice coincides, therefore, with the time of exposure, until modified total or partially, moment in which will be in effect the modified Legal Notice.
Eroxmax may terminate, suspend or interrupt, at any time and without prior notice, the access to the contents of the Website, without possibility for the User to demand compensation. Upon such termination, shall survive the prohibitions of use of the contents stated above in this Legal Notice.
In the event that any provision of this Legal Notice is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or administrative body competent jurisdiction, such invalidity or inapplicability shall not affect the remaining provisions of this Legal Notice.
The non-exercise or execution on the part of Eroxmax of any right or provision contained in this Legal Notice shall not constitute a waiver of the same, except by acknowledgement and agreement in writing on your part.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
This Web Site is governed by the laws in force in Portugal.
For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by the legislation in force, both Eroxmax as the Users agree to submit exclusively to the jurisdiction of the Courts of Portugal, with express waiver of their own jurisdiction if any.
Last updated: November 11, 2019.
© 2018 EROXMAX. All rights reserved.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.