TERMS OF USE

 

1. INTRODUCTION

By using or visiting the website hosted on www.casinodamadeira.com (“Site”) or any information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, “Content”), features and services, including the newsletter (collectively, including the Content, the “Services”) made available through it, are, as a user or visitor thereof (“User”), agree to and accept ) the present Terms of Use (“Terms of Use”) and (ii) the privacy policy and the protection of personal data available in Privacy Policy.

The Website is owned by ITI – Sociedade de Investimentos Turísticos in Madeira Island, SA (“Casino da Madeira”), a limited liability company with registered office at Avenida do Infante, 9004-513 FUNCHAL, registered as corporate entity number 511 008 740 and the share capital of EUR 8,000,000.00, which also includes the Pestana Group, SGPS, SA (“Pestana Group”);

Through the Site, the Casino da Madeira gives the User access to the Services. The Services, including updates, developments, new tools and / or new Web properties, are subject to these Terms of Use.

2. GENERAL OBLIGATIONS AND LIABILITY OF THE USER

The Casino da Madeira reserves the right to change these terms of use at any time, simply changing the content online on the Site, being the sole responsibility of the User to verify and comply with them at each time of use. The use of the Site after the publication of the changes constitutes acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or, in general, with the terms of use, you should immediately stop using the Site and the Services.

By accessing, using and downloading materials from the Site, the User agrees, in his name and / or on behalf of the entity on whose behalf he is acting, to comply punctually with the provisions of these Terms of Use, ensuring that he has the power to act on behalf of of the third party it represents, if that is the case.

Access to the Services is expressly prohibited by any means other than through the interface provided by the Casino da Madeira, as well as the access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or web crawlers).

It is expressly prohibited to use the Site for purposes other than those to which the Site is intended, including illegal purposes or any other that may be considered harmful to Casino da Madeira’s image in the market. The usurpation, counterfeiting, exploitation of usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable.

You are also prohibited from creating or introducing on this Site any type of virus or programs that damage or contaminate or advise third parties to do so.

User Account

In order to access certain Services and restricted areas of the Site, you may be required to provide certain personal data (such as identification and contact details) within the scope of the registration process for the creation of a User account on the Site (“User Account”). You must provide a valid e-mail address to which you have a legitimate right of access, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete and accurate.

The User is responsible for maintaining the confidentiality of his password. If you detect any illegal use of your User Account, you must immediately notify the Casino da Madeira. However, you may be held liable by the Casino da Madeira or by a third party for the unlawful use of your User Account or password.

The User account should only be used by third parties with the consent of the respective holder.

You are solely responsible for any consequential damages or loss of profits caused by your unlawful conduct in using the Site and the Services and by the Contents you make available on the Site.

If Casino da Madeira deactivates or otherwise removes access to your User Account, you understand and agree that you may be prevented from accessing certain restricted areas of the Site, the details of your User Account or any content therein .

3. RIGHTS AND OBLIGATIONS OF CASINO DA MADEIRA

The Casino da Madeira reserves the right to (i) modify, add or remove parts of the terms of use at any time; (ii) modify or terminate the Services for any reason and without prior notice at all times; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or violates third party intellectual property rights or the Terms of Use; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in whole or in part. These changes will take effect from their placement on the Site or the date of sending any communications.

The Casino da Madeira undertakes to provide technical support to the User with a User Account, which is only available via email.

4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS

Ownership

All information contained on the Site and in the Services and all data and information compiled by and associated with Casino da Madeira (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images ) to which you have access as part of the Services or through your use are considered contents of the Madeira Casino, a Pestana Group entity or a third party, when duly identified. You may not modify, rent, lease, exchange, sell, distribute or create derivative works based on such content (in whole or in part), unless expressly authorized in writing by the Casino of Madeira or by third party who holds the respective intellectual property and personality rights.

The User acknowledges and agrees that the Madeira Casino and the applicable entities of Grupo Pestana (as applicable) retain all intellectual property rights (whether these rights are registered or not and in any part of the world where such rights may exist) relating to Services. The Casino da Madeira and the applicable entities of the Pestana Group (as applicable) retain all rights not expressly granted to the User in these Terms of Use.

You further agree not to remove, obscure or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.

Brands and Affixes

Unless expressly authorized by Casino da Madeira to do so, nothing in the terms of use gives the User the right to use any of the trademarks, trade marks, service marks, logos, domain names and other trademark features distinctive features of the Casino da Madeira or any other entity of the Pestana Group.

Software

Casino da Madeira grants to the User a personal, worldwide, free, non-transferable and non-exclusive license to use the interface of the Site as part of the Services provided (“Software”).

You may not (and may not permit) any third party to copy, modify, create derivative works, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof; unless expressly permitted or provided by applicable law or the User has been specifically authorized in writing by the Casino da Madeira to do so. Unless the Casino da Madeira has granted you specific written permission to do so, you may not assign (or assign a sub-license of) your rights to use the Software, grant a guarantee relating to your rights of use. use of the Software or, alternatively, transfer any portion of your rights to use the Software.

5. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS IS AS AVAILABLE” AND THE CASINO DA MADEIRA DOES NOT PROVIDE ANY WARRANTY REGARDING THE SAME. IN PARTICULAR, CASINO DA MADEIRA DOES NOT GUARANTEE TO THE USER THAT (I) THE USE OF THE SERVICES GOES TO THE MEETING OF ITS NEEDS OR EXPECTATIONS; (Ii) THE USE OF THE SERVICES IS NOT INTERRUPTED, OR WHETHER TIMELY, SECURE OR ERROR FREE; (III) ANY INFORMATION OBTAINED, RESULTING FROM THE USE OF THE SERVICES, IS ACCURATE OR RELIABLE; AND (IV) DEFECTS, EXISTING, FUNCTIONING, OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS CONCERNING THE SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH THE DESCRIPTION) ARE APPLICABLE TO THE SERVICES, EXCEPT TO THE EXTENT YOU ARE EXPRESSLY DEFINED IN THE TERMS OF USE.

YOUR USE OF THE SITE, THE SERVICES, AND ANY DOWNLOADED MATERIALS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND EXCLUSIVE RISK, BEING EXCLUSIVELY RESPONSIBLE FOR ANY INCIDENTAL DAMAGES AND LOST PROFITS OR LOSS OF THE EQUIPMENT IN WHICH IT MAKES THE USE OR VISUALIZATION OF THE SITE, SERVICES AND MATERIALS AVAILABLE.

NOTHING IN THE TERMS OF USE SHALL AFFECT THE RIGHTS PROVIDED FOR BY APPLICABLE LAW TO WHICH THE USER IS ALWAYS RIGHT AS A CONSUMER, IF THESE QUALITY INTERVENES AND RELATES TO THE CASINO OF MADEIRA, AND THAT CONTRACTORLY CAN NOT AGREE TO ALTER OR RESIGN.

NO RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, GIVEN BY CASINO DA MADEIRA MUST BE CONSTRUED AS A WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY STATED IN THE TERMS OF USE.

TO FACILITATE USER ACCESSIBILITY, CASINO DA MADEIRA MAY INCLUDE LINKS TO INTERNET SITES THAT ARE HELD OR OPERATED BY THIRD PARTIES. WHEN USING THE LINKS TO THESE THIRD PARTY SITES, YOU MUST REVIEW AND ACCEPT THE RULES OF THIS SITE BEFORE USING IT. YOU MUST ALSO ACCEPT THAT THE CASINO DA MADEIRA DOES NOT CONTROL THE CONTENT OF THIS SITE AND CAN NOT ASSUME ANY RESPONSIBILITY FOR MATERIALS CREATED OR PUBLISHED BY THOSE THIRD PARTY SITES. IN ADDITION, A LINK TO A WEBSITE OTHER THAN THE CASINO DA MADEIRA DOES NOT MEAN THAT IT SUPPORTS THE SITE OR THE PRODUCTS AND SERVICES REFERENCED TO IT.

6. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CASINO DA MADEIRA DOES NOT ASSUME ANY LIABILITY TO YOU FOR:

(I) ANY DAMAGES RESULTING FROM THE USE OF THE SITE AND THE SERVICES

(Ii) ANY DAMAGES RESULTING FROM: (A) ANY JUDGMENT OF THE USER AS TO THE INTEGRITY, ACCURACY OR EXISTENCE OF ANY ADVERTISEMENT OR ANY RELATIONSHIP OR TRANSACTION HELD WITH ANY ADVERTISER, WHOSE ADVERTISEMENT IS PRESENTED IN THE SERVICES OR THE NEWSLETTER OF THE CASINO DA MADEIRA; (B) ANY CHANGES WHICH CASINO DA MADEIRA MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY CESSATION OF THE PROVISION OF THE SERVICES (OR ANY FUNCTIONALITY OF THE SERVICES); (C) THE ELIMINATION, CORRUPTION OR ERROR OF STORAGE OF ANY CONTENT OR OTHER DATA OF COMMUNICATIONS KEPT OR TRANSMITTED BY OR THROUGH THE USE OF THE SERVICES; (D) DIRECT OR INDIRECT VIOLATION OF THE TERMS OF USE; (E) FAILURE TO MAINTAIN THE SAFETY AND CONFIDENTIALITY OF THE PASSWORD OR DETAILS OF THE USER ACCOUNT.

CASINO DA MADEIRA’S LIABILITY FOR COMPENSATION FOR ANY INCIDENTAL DAMAGES AND LOST PROFITS RELATING TO THE SITE AND TO THE SERVICES CAUSED BY THE CASINO DA MADEIRA, ITS REPRESENTATIVES OR AUXILIARIES, ARE LIMITED IN CASES WHEN IT ACTS WITH A DOLO OR SERIOUS GUILT. IN CASE OF DISCONTINUATION, PARTIALLY OR COMPLETELY, OF THE SITE OR THE SERVICES, OR ALREADY OF THE TERMS OF USE, SHALL ONLY DISCLAIM THE USE OF THE SITE OR THE SERVICES, AS APPLICABLE, AND TO REQUIRE THE CANCELLATION OF ITS USER ACCOUNT.

7. PRIVACY POLICY

The Privacy Policy is available at http://www.casinodamadeira.com/en/privacy-policy/. The document contains an explanation of the procedures adopted by the Casino da Madeira and by third parties that provide services through the Site, in the scope of the processing of the personal data of its Users and the protection of their privacy, in the use of the Site and the Services. You agree that Casino da Madeira collects and treats your personal data in accordance with the Privacy Policy.

8. GENERAL PROVISIONS

Prevalence

In the event of a conflict between the Terms of Use and other specific provisions or specific terms and conditions on the Site relating to certain materials, the latter must prevail.

Rights Exercise

The non-exercise or immediate non-application of rights or dispositions by Casino da Madeira, provided for in the terms of use, shall not be construed as a waiver thereof.

Integrality

The Terms of Use constitute the entire agreement between the User and the Casino da Madeira with respect to the use and consultation by the User of the Site and the Services and regulate their use (excluding any Services that may be provided by the Casino da Madeira within the scope of a separate written agreement), superseding in full any prior agreements entered into between the User and the Casino da Madeira in relation to the Site and the Services.

Reduction

The invalidity, declared by judicial or arbitral award, which has no res judicata, from any provision of the terms of use does not determine the invalidity of the others, and the Casino da Madeira reserves the right, if necessary, to modify the terms of use accordingly. to supplement the invalidity.

Notifications / Communications / Complaints

Any notices and communications from the Casino da Madeira to the User under the terms of use shall preferably be made to the email address or to the address provided by the User in their User Account, without prejudice to the Casino da Madeira being able to resort to other elements and forms of contact.

Any notifications, communications and complaints of the User should be made, preferably, to the email casino.madeira@pestana.com.

9. APPLICABLE LAW AND FORUM

The terms of use, as well as the User’s relationship with Casino da Madeira pursuant thereto, are governed by the applicable laws of the Republic of Portugal. The User and the Casino da Madeira agree to submit to the exclusive jurisdiction of the courts of the district of Lisbon the resolution of any legal questions resulting from the terms of use, without prejudice to the applicable mandatory legal rules. Notwithstanding the above, the Casino da Madeira may apply precautionary measures (or equivalent type of urgent legal compensation) in any jurisdiction.