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hercival

@hercival • Joined Apr 2023 • Active 2 years ago

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Terms of Service

Terms and Conditions of the Website ricardodcborges.com

1. Preamble

1.1. This document sets forth the Terms and Conditions governing access to and use of the website ricardodcborges.com (hereinafter “Website”), a digital platform managed by Ricardo da Costa Borges, an individual with a professional domicile in Portugal, dedicated to providing photography, web development, and project management services, the sale of products through third-party suppliers, subscriptions for access to digital content, creation of personal albums, downloads, and community interaction.
1.2. By accessing, browsing, or using the Website, the user (visitor, subscriber, or client) undertakes to fully comply with these Terms, as well as applicable legislation, including the Portuguese Civil Code, Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), and Law No. 67/98 of 26 October (Personal Data Protection). Users who do not agree with these Terms must refrain from using the Website.
1.3. These Terms apply to all forms of interaction with the Website, including information queries, product purchases, service subscriptions, content posting, or participation in community features.

2. Definitions
2.1. For the purposes of these Terms, the following definitions apply:
a) User: Any individual or legal entity accessing the Website, regardless of purpose;
b) Subscriber: A user who purchases a subscription for access to digital content or exclusive features;
c) Controller: Ricardo da Costa Borges, manager and owner of the Website;
d) User-Generated Content: Comments, posts, suggestions, albums, or other materials submitted by users;
e) Third-Party Supplier: An external entity responsible for the production and delivery of products sold on the Website.
2.2. Technical or legal terms not defined herein shall have the meaning ascribed to them under applicable Portuguese law.

3. Scope and Eligibility
3.1. The Website is intended for individuals over 18 years of age or with legal capacity to enter into binding contracts, pursuant to Article 488 of the Portuguese Civil Code. By using the Website, the user declares compliance with this requirement.
3.2. The Controller reserves the right to amend these Terms at any time, with changes published in a dedicated section of the Website (“Updates”) and effective immediately. Users will be notified via a prominent notice on the Website (e.g., pop-up or banner), and subscribers will be informed by email if the changes directly affect their rights or obligations, ensuring transparency as required by the GDPR.
3.3. Continued use of the Website following the publication of changes constitutes implied acceptance of the revised Terms.
3.4. The Website may not be available in all countries, and it is the user’s responsibility to ensure compliance with applicable local laws.

4. Use of the Website
4.1. The user undertakes to use the Website lawfully, ethically, and in accordance with these Terms, refraining from conduct that may impair its operation, security, or reputation.
4.2. The following activities are expressly prohibited:
a) Engaging in unlawful activities, such as hacking, unauthorized access, or attempts to bypass security measures;
b) Using automated tools (e.g., bots, crawlers) to download content without permission;
c) Posting or transmitting content that infringes third-party rights, including intellectual property, privacy, or reputation;
d) Overloading the Website’s servers with malicious traffic or disruption attempts (e.g., DDoS attacks).
4.3. The Website employs robust technical measures, including multi-factor authentication, login attempt restrictions, and blocking of suspicious IP addresses. Anomalous activities may result in temporary suspension of access, with notification by email, except in cases of extreme severity requiring immediate action.
4.4. The Controller reserves the right to terminate accounts that violate these Terms, notifying the user by email, except in urgent circumstances.

5. Provision of Services
5.1. The Website offers personalized photography, web development, and project management services, contracted through electronic forms available on the platform.
5.2. Services will be performed in accordance with the specifications provided by the client in the form (e.g., location, date, technical requirements). The Controller guarantees delivery of the contracted work but does not warrant specific outcomes, such as levels of satisfaction, profits, or commercial impact.
5.3. A validation process is conducted via email confirmations. The client has 30 calendar days to approve the work, with one revision included. In the absence of a response, an additional 15-day period is granted, after which the project is deemed completed and archived, with no further claims permitted.
5.4. Changes beyond the originally agreed scope will be subject to separate budgeting and communicated to the client prior to execution.
5.5. Upon full payment, the client acquires a non-exclusive licence to use the delivered work. The Controller reserves the irrevocable right to include the work in their portfolio (e.g., photographs, designs), unless otherwise agreed in writing, pursuant to Article 405 of the Portuguese Civil Code.
5.6. Non-payment within the agreed timeframe entitles the Controller to suspend delivery of the work until regularization, with late payment interest applied as per Article 805 of the Portuguese Civil Code.

6. Sale of Products
6.1. Products available on the Website are supplied by third-party suppliers under a dropshipping model. The Controller acts solely as an intermediary, bearing no responsibility for production, packaging, shipping, or product quality.
6.2. Return, exchange, and refund policies are determined by the supplier. Complaints will be manually reviewed and forwarded to the supplier, with no guaranteed resolution timeframe.
6.3. Delivery timelines indicated on the Website are estimates, and the Controller is not liable for delays attributable to the supplier, carriers, or other third parties.
6.4. The user is responsible for providing accurate information (e.g., address, contact details) at the time of purchase. Errors attributable to the user do not entitle them to refunds or replacements, unless decided otherwise by the supplier.

7. Subscriptions
7.1. Subscriptions provide access to exclusive digital content, file downloads, and community features, such as album voting.
7.2. Each subscription includes three free downloads per calendar year; additional downloads incur variable fees (€0.1 to €10, depending on file size or type), published on the Website’s subscriptions page. Access to purchased content is lifelong, unless structural changes to the Website are announced with at least 30 days’ notice via the Website and, for subscribers, by email.
7.3. Subscription renewals are manual, with users notified by email prior to the expiry of the active subscription.
7.4. Subscribers may request a full refund within the first 30 days of activation; thereafter, no partial or full refunds will be issued, except as required by law.
7.5. Technical failures, including those caused by third parties (e.g., Google Cloud Platform, BuddyBoss), do not entitle users to compensation. Disruptions will be communicated via a notice on the Website and, for prolonged unavailability (exceeding 24 hours), by email to subscribers and posts on official social media channels.
7.6. The Controller reserves the right to suspend or cancel subscriptions for serious breaches of these Terms, notifying the user 48 hours in advance, except in urgent cases.

8. User-Generated Content
8.1. Users may submit comments, posts, suggestions, and albums, subject to manual moderation and community reports, with no limit on reports per user.
8.2. It is prohibited to post content that:
a) Contains hate speech, defined as expressions inciting discrimination or violence based on race, gender, religion, sexual orientation, disability, or other characteristics protected under Article 240 of the Portuguese Penal Code;
b) Constitutes spam, such as repetitive, irrelevant, or unauthorized promotional messages;
c) Includes pornography, such as explicit or sexually suggestive material;
d) Is unlawful, including content violating copyright, privacy, reputation, or other applicable legal standards.
8.3. The Controller reserves the right to remove content or suspend users, with 10 minutes’ prior notice via a message on the user’s account, except in serious cases (e.g., unlawful content), where removal will be immediate, with the reason recorded. Moderation records are stored securely for 2 years, confidentially, unless required by judicial order.
8.4. Users retain ownership of copyright over their content, granting the Website a non-exclusive, royalty-free, worldwide licence for display, storage, and moderation. Promotional use of content (e.g., showcasing albums) requires explicit consent, requested via a message on the user’s account after submission.
8.5. The Controller is not liable for content infringing third-party rights, with the user being solely responsible for any resulting disputes.

9. Downloads and Albums
9.1. Digital file downloads are exclusive to subscribers, with three free downloads per calendar year. Additional downloads incur variable fees (€0.1 to €10, depending on file size or type), published on the relevant Website page. All files are protected by copyright under the Code of Copyright and Related Rights (Law No. 62/98), and unauthorized sharing is prohibited.
9.2. Users may create personal albums, shareable only with other registered users via invitation or generated link. Each user is responsible for ensuring their album content complies with the law and does not infringe third-party rights.
9.3. The Controller reserves the right to remove non-compliant albums, notifying the user by email, except in urgent cases requiring immediate action.
9.4. No backup services are provided for files or albums. Users must maintain their own backups, and the Controller is not liable for data loss.

10. Voting and Rating
10.1. Subscribers may vote on albums (public or private), assigning ratings from 0 to 5 stars. Private votes are restricted to users invited by the album creator; public votes are open to all subscribers.
10.2. Manipulation of votes (e.g., using multiple accounts) is prohibited. Authenticity is ensured through email and IP address verification, with the right reserved to cancel fraudulent votes, notifying involved users by email.
10.3. The Controller may moderate votes deemed abusive, ensuring system integrity. Voting results confer no vested rights and are used for recreational or promotional purposes.

11. Data Protection
11.1. The Website complies with Regulation (EU) 2016/679 (GDPR) and Law No. 67/98 of 26 October (Personal Data Protection). Personal data (e.g., name, email, address, browsing data) are collected for specific purposes, including processing purchases, managing subscriptions, personalizing the experience, and complying with legal obligations, with explicit consent obtained via a cookie pop-up or a checkbox displayed on the user’s first visit to the Website.
11.2. User-generated content may be manually reviewed to ensure compliance with these Terms, with users notified by email if their content is removed.
11.3. In the event of a data breach posing a high risk to the rights of data subjects, affected users will be notified by email and via a Website notice within 72 hours of detection, as required by Article 34 of the GDPR.
11.4. Moderation and administrative records are stored securely for 2 years, confidentially, and disclosed only pursuant to a judicial order.
11.5. Users may exercise their rights of access, rectification, erasure, restriction, or data portability by contacting pr@ricardodcborges .com, with a response provided within 30 days.

12. Limitation of Liability
12.1. The Controller acts as an intermediary in product sales and service provision, bearing no liability for delays, defects, technical failures (e.g., Google Cloud Platform, BuddyBoss, Printful), or outcomes arising from users’ subjective expectations.
12.2. Promotions (e.g., discounts) are subject to availability, non-cumulative with other offers, and not applicable retroactively.
12.3. The Website is provided “as is,” with no implied warranties of continuous availability or fitness for particular purposes, pursuant to Article 913 of the Portuguese Civil Code.

13. Copyright
13.1. All Website content, including photographs, texts, designs, logos, and digital files, is protected by copyright under the Code of Copyright and Related Rights (Law No. 62/98).
13.2. Reproduction, distribution, modification, or unauthorized use is prohibited without the Controller’s written consent.
13.3. Copyright infringements must be reported to pr@ricardodcborges .com, with identification of the content and proof of ownership.

14. Governing Law and Dispute Resolution
14.1. These Terms are governed by Portuguese law, including the Civil Code, the Copyright Code, and data protection legislation.
14.2. The parties undertake to resolve disputes amicably, preferably through mediation conducted by an independent entity.
14.3. If mediation fails, any dispute shall be submitted to the exclusive jurisdiction of the Judicial Court of the District of Lisbon, with express waiver of any other forum.

15. Final Provisions
15.1. These Terms constitute the entire agreement between the user and the Controller, superseding any prior understandings.
15.2. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force.
15.3. For clarifications, contact pr@ricardodcborges .com.

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