RealFevr - Terms and Conditions
Last Updated Date: January 26th, 2024
The following Terms & Conditions of Use (“Terms & Conditions”) govern the access and usage of the website realfevr.com (“Website”), made available by Fantasy Revolution, S.A., a company duly incorporated in accordance with the laws of Portugal, with its registered office at Rua Barata Salgueiro, n.º 33, piso 9, 1250-042 Lisboa, registered with the Commercial Registry Office under the sole identification and registration number 513.810.951 (“we”, “us”, or the “Company”).
Please carefully read the following Terms & Conditions before using the Website, since it contains essential information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you.
By using the Website, clicking “I Accept” when prompted, or indicating your acceptance in an adjoining box, you confirm that you understand and agree to abide by all of these Terms & Conditions.
If you are accepting these Terms & Conditions on behalf of a company or another legal entity, you assert that you have the legal authority to accept these Terms & Conditions on behalf of that entity, in which case “you” will refer to that entity. If you do not possess such authority, or if you do not agree with all of these Terms & Conditions, we will be unwilling to provide access to the Website. As a result, we if you disagree with these Terms & Conditions, you should refrain from accessing or using the Website.
These Terms & Conditions include an arbitration provision (referred to in Section 10). Please carefully review such arbitration provision, as it impacts your rights.
You may not use the Website if you:
- Do not agree to these Terms & Conditions;
- Are not or legal age in your place of residence; or
- Are prohibited from accessing or using the Website or any of the Website’s contents, products, or services in accordance with applicable law.
2. USER COMMITMENT
You undertake to comply with these Terms & Conditions, as well as to comply with any special notices or instructions for use contained therein and to act at all times in accordance with the legislation in force, morality, good customs and the requirements of good faith and established public order, being diligent and refraining from using the Website in any way that may hinder, damage or deteriorate its normal functioning, the assets or rights of the Company, of other users or, in general, of any third-party.
In this regard, you acknowledge that you are accountable for your actions when accessing or using the Website and for any resulting outcomes.
Specifically, and without this implying any restriction to the above, you undertake to:
- Provide truthful information about the data requested in the forms available on the Website. In any case, you will be fully responsible for any data or content that you transmit or communicate to us.
- Not to send, upload, distribute or disseminate through the Website any program, data, virus, code or any other physical or electronic device that is likely to cause damage to it, to any of the services, or to any of our equipment, systems, or networks, of any other user or, in general, of any third-party.
- To the maximum extent permitted by applicable law, not to alter, copy, download, modify, decompile, disassemble, reverse engineer, licence, lease, sell or imitate the App, its contents, or its underlying software.
- Not to send, upload, distribute or disseminate through the Website any content that infringes industrial and/or intellectual property rights or trade secrets of third-parties, nor, in general, any content of which it does not hold, in accordance with applicable legislation, the right to make it available to third-parties.
- Not send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
- Not engage in, promote, encourage illegal activity.
- Refrain from sending, uploading, distributing, or disseminating any content on the Website that includes hate-related or violent material, or any other content, products, or services that breach or promote actions in violation of criminal laws, other applicable regulations, or the rights of third-parties.
- Not impersonate another individual (through the use of an email address or any other means) and refrain from using, deploying, operating, or creating a computer program to mimic the actions of a user (“Bot").
3. LIABILITY AND WARRANTIES
3.1 LIABILITY – FANTASY REVOLUTION
We are not responsible for any losses that may arise from interferences, omissions, interruptions, computer viruses, malfunctions and/or disconnections in the functioning of the electronic system or in the devices and computer equipment of users, due to causes beyond our control, or delays or use blockages caused by deficiencies or overloads of the Internet or other electronic systems.
In addition, any purchase or sale you engage in, accept, or facilitate outside the Website is done entirely at your own risk. We do not oversee, endorse, or assume any responsibility to indemnify or protect you from any losses you may experience when conducting, or assisting in conducting, transactions outside of the Website.
Likewise, we are not responsible for any use made by users of the content of the Website that may represent a violation of any national or international legislation relating to the protection of intellectual or industrial property rights or any other rights held by third-parties. Specifically, each user is solely responsible for the communication of incorrect, false, or third-party information or data without their consent, as well as for the incorrect use thereof.
Similarly, we shall not be held liable for any errors or omissions that may occur in the content of the Website or any other content that may be accessed from it. To the extent permitted by applicable law, we cannot be held liable for any damages arising from the use of the Website, nor for any action taken on the basis of the information provided therein.
You also waive and absolve us, as well as our parent company, subsidiaries, affiliates, and all our and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims arising from any actions taken by us or any of the mentioned parties in connection with investigations conducted either by us, such parties, or law enforcement authorities.
Nevertheless, we declare that we have adopted and will adopt, as the case may be, all the necessary measures, within its possibilities and the state of the technology, to guarantee the correct functioning of the Website and to avoid the existence and transmission of viruses and other components harmful to users. We reserve the right to interrupt access to the Website at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure or any other reason. In any event, we will endeavour to restore access as soon as possible.
3.2 LIABILITY - USER
You agree to indemnify and hold us, as well as our parent company, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners, harmless from and against any claim, liability, loss, actual or consequential damage, suit, judgment, litigation costs, and attorney's fees of any kind or nature that may arise as a result of:
- Your violation of these Terms & Conditions;
- Your misuse of the Website;
- Your breach of applicable laws, rules, or regulations in connection with your use of the Website.
You agree that we will have control over the defence or settlement of such claims.
Additionally, if we reasonably believe that you have violated any of the commitments mentioned above, we reserve the right, at our sole and absolute discretion, without notice or liability to you, to restrict your use of the Website and, if permissible by law, pursue any legal remedies available.
Upon any termination or expiration of these Terms & Conditions, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to you, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or any third-party.
Similarly, without prior notice, we have the authority to initiate suitable legal proceedings, including, but not limited to, referring matters to law enforcement or regulatory authorities, or informing the affected party about any unlawful or unauthorized use of the Website. Furthermore, without restricting the foregoing, we possess the right to wholeheartedly collaborate with any law enforcement agencies or court orders that request or instruct us to reveal the identity or other data of any individual using the Website.
4. THIRD-PARTY LINKS
As previously mentioned, the Website may contain hyperlinks to other websites or resources (collectively referred to as “Third-Party Links") provided for the convenience of our users. In this regard, these Terms & Conditions do not apply to such Third-Party Links. We cannot control the information, content, products, or services provided by third-parties that link to the Website, and the access to them via the Website, nor does this imply that we recommend or approve their content.
Therefore, you acknowledge and agree that we are not responsible for the availability of Third-Party Links, and we do not endorse any advertising, products, or other materials on or made available from these Third-Party Links.
Furthermore, you acknowledge and agree that we are not liable for any loss or damage that may occur due to the availability or unavailability of Third-Party Links or as a result of your reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, these Third-Party Links.
5. FORCE MAJEURE
We shall not be held liable to you, nor considered in default or breach of these Terms & Conditions, in the event of any failure or delay in fulfilling or performing these Terms & Conditions, when such failure or delay is caused by the following force majeure events ("Force Majeure Events”):
- Acts of God;
- Flood, fire, earthquake, epidemics, pandemics, tsunami, explosion;
- War, invasion, hostilities (whether declared or not), terrorist threats or acts, riot, or other civil unrest;
- Government orders, laws, or actions;
- Embargoes or blockades in effect on or after the date of this agreement;
- Strikes, labour stoppages, slowdowns, or other industrial disturbances;
- Shortage of adequate or suitable internet connectivity, telecommunication breakdown, or shortage of adequate power or electricity;
- Other similar events beyond our control.
If we encounter a Force Majeure Event, we will make reasonable efforts to promptly inform you of the event, including the expected duration. We will diligently work to resolve the issue and minimize the effects of the Force Majeure Event. We will resume fulfilling our obligations as soon as reasonably possible after resolving the cause. If our failure or delay persists for 45 (forty-five) consecutive days following our written notice to you as outlined in this Section, we may subsequently terminate these Terms & Conditions with 15 (fifteen) days' written notice.
6. CHANGES TO THE WEBSITE
We are constantly innovating the Website to help provide the best possible experience. As a result, we reserve the right to change these Terms & Conditions at any time. Any changes to these Terms & Conditions will become effective on the "Last Updated Date" indicated at the top of this page. Consequently, we recommend that you review these Terms & Conditions prior to utilizing the Website or using any of the services accessible through the Website.
Continuing to use the Website after the “Last Updated Date” will signify your acceptance of a consent to these alterations.
7. INTELLECTUAL PROPERTY
The Website and all its contents, encompassing but not limited to articles, opinions, texts, lists, user manuals, photographs, drawings, images, video clips, audio, marketing texts, trademarks, logos, domain names, and other elements subject to property rights (including source codes) and/or other intellectual property rights ("Materials"), are either the property of the Company or are utilized with authorization from third-parties. They are protected against unauthorized use, copying, or disclosure by national laws and international treaties related to intellectual property rights.
Nothing in these Terms & Conditions or the content on the Website should be interpreted as granting, accepting, or otherwise providing the right to use any Material in any way without the prior written consent of the Company or the third-party owner of the Material or the intellectual property rights published on the Website.
The use, copying, reproduction, modification, republishing, updating, downloading, e-mail transmission, distribution, duplication, or any other misuse of the Material not explicitly identified but of a similar nature is strictly prohibited. As user, you agree not to use the Material for any unlawful purpose and not to infringe upon the rights of the Company.
Nevertheless, you may view and display the Website's contents and Materials on a computer or electronic device screen, store such content electronically on a personal disk (excluding servers or internet-connected storage devices), or print such content for personal, non-commercial use. It is essential to preserve all information related to intellectual property rights.
Access to the Website does not grant the User any rights to the content provided by the Company.
8. DATA PROTECTION
The Website is not designed for individuals under 18 years of age. If you are under 18, you are not permitted to use the Website. We do not intentionally gather information from, or direct our content towards, individuals under 18 years of age.
If we become aware or have reason to believe that you are under the age of 18, we will be required to disable your access to the Website. Additionally, different countries may have varying minimum age requirements for providing consent for data collection. If you are below the minimum age required for data consent in your country, you are not eligible to use the Website.
10. DISPUTE RESOLUTION
You agree to waive your rights to litigate claims in a court. Keep in mind that some rights you might have if you were to pursue litigation in a court may not be available or may be limited in arbitration.
Furthermore, you expressly give up your right to a trial by jury. You also expressly forfeit your right to participate as a member of a class of claimants in any lawsuit, including, but not limited to, class action lawsuits involving any such dispute.
All disputes arising from this contract or related to any legal relationship derived from it will be resolved through arbitration conducted by the Arbitration Centre of the Portuguese Chamber of Commerce and Industry ("Arbitration Centre"). The Arbitration Centre will be the appointing authority, and the case will be administered in accordance with its Rules. The place of arbitration will be Lisbon, Portugal.
Each party will be responsible for covering its own fees and costs related to the arbitration proceedings. However, if the arbitrator determines that you cannot afford to pay the reasonable fees and expenses associated with the arbitration, we will pay them on your behalf.
The arbitrator's decision will be final and binding, and any judgment based on the arbitrator's decision can be entered in any court with competent jurisdiction. The parties agree not to appeal any arbitration decision to any court.
In spite of the above, we reserve the right to seek injunctive relief in any jurisdiction, in any court with competent jurisdiction. You acknowledge that we can enforce these Terms & Conditions specifically through injunctive relief and other equitable remedies without requiring proof of monetary damages.
These Terms & Conditions do not confer rights or remedies upon any person or entity other than you.
The language in these Terms & Conditions will be interpreted based on its fair meaning and not strictly in favour of or against any party.
If any part of these Terms & Conditions is found to be invalid, illegal, void, or unenforceable, that portion will be considered severed from these Terms & Conditions and will not affect the validity or enforceability of the remaining provisions.
Our failure or delay in exercising or enforcing any right or provision in these Terms & Conditions will not be seen as a waiver of the future exercise or enforcement of such right or provision. Waivers of any right or provision in these Terms & Conditions will be effective only if in writing and signed by a duly authorized representative on our behalf.
All matters related to these Terms & Conditions will be governed by and construed in accordance with the laws of Portugal, applicable therein, without considering any choice or conflict of law provision or rule.
We may deliver notices to you (including changes to these Terms & Conditions) via e-mail or through postings on the Website. By providing us with your e-mail address, you consent to receive notices via e-mail. Notices sent by e-mail will be effective upon sending, and notices provided by posting will be effective upon posting. It is your responsibility to maintain an up-to-date e-mail address.
You may not assign any of your rights or obligations under these Terms & Conditions without our prior written consent, whether by operation of law or otherwise. We may, at our sole discretion, assign our rights and obligations under these Terms & Conditions to an affiliate or in connection with an acquisition, sale, or merger.