Terms of Use

Acceptance of the Terms of Use

Welcome to the website of AOL – Arte de Viver Portugal, Unipessoal Lda on behalf of itself and its affiliates and licensors, licensees or service providers ("Organization”, also referred to as “us”, “our” or “we”). These Terms of Use governs the users (“you” or “your”) access to and use of our website, including any content, functionality and services offered on or through our website, and the treatment of any personal data that you choose to submit.

Each time you use this website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. This Terms of Use is for an indefinite term and you understand and agree that you are bound by such terms, if you do not agree to these Terms of Use or the Privacy Policy, please do not access or use the website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion as per applicable law. All future changes are effective and binding when they are posted unless the applicable law provides otherwise.

If you use the website following the posting of revised Terms of Use you accept and agree to the changes. Unless the applicable law provides otherwise, it is your responsibility to check this page from time to time so you are aware of any changes, as they are binding on you if you choose to continue to access or use the website.

Accessing the Website and Account Security

We reserve the right to amend or modify the Terms of Use of this website, including but not limited to suspend or discontinue any service or material we provide on the website, in our sole discretion, at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the website without prior notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users. You will be deemed to have accepted such change(s) if you continue to access this website subsequent to such changes.

You are responsible for:

Making all arrangements necessary for you to have access to the website.
Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

To access the website or some of the resources it offers, including course registrations, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy https://hearkn.com/pt-en/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any User Data, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use or we become aware of a potential breach of security through the use of your User Data.

Intellectual Property Rights

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Organization, its affiliates, its licensors or other providers of such material and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any infringement shall be vigorously prosecuted and pursued to the fullest extent permitted by law.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media with certain features, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you wish to make any use of material on the website other than that set out in this section, please address your request to: artedeviver@artedeviver.pt

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may access and use the website only for lawful purposes and in accordance with these Terms of Use. Following is a partial list of the kind of content that is illegal or prohibited to post on or through the website. The Organization reserves the right to investigate and take appropriate legal action against anyone who, in the Organization’s sole discretion, violates this provision, including without limitation, removing the offending communication from the website and terminating the usage of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Organization:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another user;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, addresses, last names, urls or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any applicable national, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
sends, knowingly receives, uploads, downloads, uses or re-uses any material which does not comply with the standards set out herein;
Involves the transmission, of any advertising or promotional material without our prior written consent including any "junk mail," "chain letter" or "spam" or any other similar unsolicited contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the Organization’s services. You may not transmit any chain letters or junk email to other User’s. It is also a violation of these rules to use any information obtained from the Organization’s website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. If you breach any provisions of these Terms of Use and send any unsolicited communications of any kind through the website, you acknowledge that you will have caused substantial harm to the Organization, but that the amount of such harm would be extremely difficult to ascertain;
covering or obscuring the banner advertisements on your personal profile page, or any of the Organization’s pages;
any automated use of the system, such as using scripts to add friends or send comments or messages;
attempts to impersonate the Organization, an Organization employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm the Organization or users of the website or expose them to liability;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the website in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose

Additionally, you agree not to:

Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.

User Contributions

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contributions you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, including the Content Standards, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the website or the public or could create liability for the Organization.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
Terminate or suspend your access to all or part of the website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.

You agree to hold harmless the Organization from any claims resulting from any action taken by or on behalf of the Organization during or as a result of its investigations and from any actions taken as a consequence of investigations by either the organization/such parties or law enforcement authorities with respect to your User Contributions, and agree to waive any claims against the Organization resulting from any such actions where your User Contributions are found to be in violation of these Terms of Use.

However, we do not undertake to review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

No Reliance on Information Posted

Information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

This website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Advertising Material

Part of the website may contain advertising/other material submitted to us by third parties. Responsibility for ensuring that material submitted for inclusion on the website complies with applicable international and national law is exclusively on the advertisers and we will not be responsible for any claim, error, omission or inaccuracy in advertising material. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.

Information About You and Your Visits to the Website

All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We may send information and offers of products and services to you from time to time. For further details, relating to our policy relating to such offer please refer to our Privacy Policy.

Non transferability

You agree that your account on the website is non-transferable and any rights to your ID or contents with your said account automatically terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this website.
Send e-mails or other communications with certain content, or links to certain content, on this website.
Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the website other than the homepage.
Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Cookies

This Organization’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. Please refer to our Cookie Policy for further details.

Links from the Website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our website and to read the privacy statements of these websites. You should evaluate the security and trustworthiness of any other website connected to this website or accessed through this website yourself, before disclosing any personal information to them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties and Liability

You acknowledge understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website is at your own risk, and its content and any services or items obtained through the website are provided on an "as is" and "as available" basis.

All the contents of the website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision and you should consult an appropriate professional for specific advice tailored to your situation. Any specific advice or replies to queries in any part of the website is/are the personal opinion of such persons and are not subscribed to by the website or us. The information from or through the website is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

The Organization hereby disclaims any warranty, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement and fitness for particular purpose, completeness, security, reliability, quality, accuracy or uninterrupted or error-free availability of the website, its content or any services or items obtained through the website, that defects will be corrected, that the Organization’s website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL THE ORGANIZATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Organization, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, your User Contributions, any use of the website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Ireland without giving effect to any choice or conflict of law provision or rule (whether of Ireland or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in Ireland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Force Majeure

We shall have no liability to you for any interruption or delay in access to the website irrespective of the cause.

Waiver and Severability

No waiver of by the Organization of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Organization with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

Your Comments and Concerns

This website is operated by AOL – Arte de Viver Portugal, Unipessoal Lda.

All feedback, comments, requests for technical support and other communications relating to the website should be directed to: artedeviver@artedeviver.pt. Thank you for visiting the website.

Last updated on 13 May 2024