The Arq.to Service
The term Service in this Agreement consists of all features, products, services, applications, software, technologies being offered or made available by QCOM - Tecnologias de Informação Lda. to help you connect and share with your friends and family or enjoy things you love. The different aspects of the Service may include the following (collectively the Service):
Offering personalized services to help you discover, create, connect, communicate and share with your friends, family, and other community members: Community participation can be challenging when you find that people around you are quite different. But we intend to strengthen your relationship with community members by creating opportunities that let you enjoy shared experiences. To achieve this end, we consistently improve our system and intelligence to understand things that you or others care about and use this intelligence in helping you create, discover, join and share experiences that matter to you or your friends, family and other community members. Parts of our efforts to offer personalized service and shared experience may include targeted offers, sponsored accounts, highlighted features and content based on activities and browsing behavior (things you and others do) on Arq.to, both online and offline.
Promoting a safe and inclusive environment: we develop technologies to foster an inclusive and safer environment and provide access to various resources so that you can enjoy a positive experience while using our services, particularly if we feel that you might need our help and support. Our support executives work round the clock to track any abuse, misuse or violation of our terms and conditions, and work with our community members to prevent any harmful, misleading, deceptive or unsolicited behavior on the System. We may share information about any such abuse, misuse, deceptive behavior or harmful content with the relevant authorities or other third parties, including our collaborating partners and service providers on the System. Please review our Privacy and Data Policy to understand how we share information.
Developing innovative ideas and using technologies that take care of our growing community: Organizing and analyzing information is crucial for consistently serving our growing community and standing true on your expectations. A signification portion of our Service is dedicated to developing and using innovative ideas and technologies that enable us to protect, improve and offer customized service to an incredibly large number of users. Our research in artificial intelligence and related technologies provide us an edge in applying apply complex processes across our broad global community without compromising on the functionality or integrity of our Service.
Ensuring consistent and seamless experiences across our products and services: we always strive to provide a better, safer and more secure experience across our products and services, and to this end, we share systems, technologies, insights, and information, including the information that you provide on the Service (please refer to our Privacy and Data Policy). We also develop integrated systems that enable you to interact using a single platform and get a seamless experience across different products and services made available by QCOM - Tecnologias de Informação Lda. or its collaborating partners.
Reliable Infrastructure across the globe: our services are available to users across the globe. We need safe and reliable data transmission and storage facilities around the world, which include servers located within and outside your home country. The servers, data centers, and other infrastructure may be owned by QCOM - Tecnologias de Informação Lda., its collaborating partners or third-party service providers.
Helping brands, products, and services reach you in ways you want them: we use your preferences on the Service and related data from our collaborating partners as well as third-party service providers to display promotional offers, advertisements and sponsored content you might be looking for or we believe you will be interested in. And we ensure that any such content that reaches you is relevant and improves your overall experience on the Service.
Research and Innovation: we use the information to evaluate our Service and collaborate with third-party analytics, researchers, and professionals to provide innovative service and promote the well-being of our community.
Your use of the Service (or any aspect of it) is subject to your entire agreement with QCOM - Tecnologias de Informação Lda., including the policies, guidelines and additional agreements (collectively additional agreements) incorporated into these terms and conditions (Agreement). For example, your use of music on the Service will be subject to our Music Guidelines. Similarly, our payment features on the Service will be subject to our Payment Terms. If you have not given your consent to these additional terms, they will be made available at your first use of the respective feature and become part of this Agreement. If any provision in the additional agreements is in conflict with these terms and conditions, relevant provisions in the additional agreements shall prevail.
If any provision of this Agreement is declared null and void (by competent courts) or becomes unenforceable due to enacted legislation or otherwise, the unenforceable provisions shall be severed and the remaining Agreement shall remain effective to be fully enforceable.
Any right in favor of QCOM - Tecnologias de Informação Lda. shall be waived in writing by our authorized representatives only and unless duly waived and notified, no acts, omissions or delays in the performance of any service shall constitute a waiver of our rights. If we ignore any of your non-compliance or otherwise unable to strictly enforce any provision of this Agreement, it shall never be deemed as a general waiver of our rights and remedies with regard to your subsequent non-compliance or breach of this Agreement.
Rights and Obligations
All rights not expressly granted to you under this Agreement or otherwise conferred to you by the applicable laws in your jurisdiction shall be reserved for and belong to QCOM - Tecnologias de Informação Lda..
QCOM - Tecnologias de Informação Lda. reserves a right to assign or transfer its titles, interests, rights, and obligations to any third party it deems necessary to provide the Service or comply with the law. For example, we may engage third party service providers or transfer ownership to a third party as part of a merger, acquisition, sale or liquidation process. However, you shall have no such rights to transfer your account or any of your rights and obligations under this Agreement without obtaining our prior consent.
QCOM - Tecnologias de Informação Lda. reserves a right to edit or remove any content or information you post, share or transmit through the Service if it believes or becomes aware at any point that your content is shared in violation of these terms and conditions or the applicable laws. If we have sufficient reasons to believe that you are involved in any kinds of unauthorised or unlawful activities on the Service or required by law, we may prevent any further access or use of the Service (in whole or parts thereof), and accordingly, restrict, suspend or terminate your account. For example, your account may be restricted, suspended or terminated for violating these terms and conditions (including the policies and guidelines incorporated into the Agreement), creating any kinds of risks or liability for us, repeatedly infringing third party rights (including their copyrights or rights to privacy or publicity) or creating circumstances in which we are permitted to or required to take action by law.
QCOM - Tecnologias de Informação Lda. reserves a right to change your username or similar identifiers associated with your account in its sole discretion. Such corrective measures may follow if we believe that you are trying to impersonate others, involved in any kinds of infringement, or any such change is appropriate or necessary as determined by QCOM - Tecnologias de Informação Lda..
QCOM - Tecnologias de Informação Lda. shall be the sole owner of all its content (including the images, designs, scripts, sound effects, and videos made available on the Service to help you create or share your content) and entitled to exclusive property rights over it. However, you will retain intellectual property rights to your content.
QCOM - Tecnologias de Informação Lda. reserves exclusive property rights over the logos, trademarks, service marks, services, service names and intellectual properties contained in the Service. You may use our trademarks, service marks and other copyrighted content only in accordance with our guidelines or as specified in your prior written consent obtained from us. Unless written permission is granted by QCOM - Tecnologias de Informação Lda. or the respective copyright owners (whether under an open source license or otherwise), you shall have no rights to extract the source code (in any media or manner), decompile, modify or create any derivative works for commercial or non-commercial purposes.
We endeavour to provide an inclusive and open Service, but in order to keep it safe, secure and fully compliant with the applicable laws, all users must create an account and subscribe to the Service before using any feature or aspect of the Service being offered or made available on the website. Your membership/subscription to the Service shall be subject to a verification process and approval by QCOM - Tecnologias de Informação Lda. You shall commit to the following restrictions for creating an account or otherwise using any aspect of the Service:
- You must be at least 16 years of age (or the minimum legal age required in your jurisdiction) to consent this Agreement and use the Service.
- Your previous account on the Service has not been restricted, suspended or terminated due to any violation of our policies or the applicable laws.
- You have not been prohibited from receiving any aspect of the Service under the applicable laws or as determined by QCOM - Tecnologias de Informação Lda.
- And you have not been convicted for any sexual offence.
- The users shall have no compulsion to disclose their identity on the Service, but they shall provide accurate, authentic, complete and updated information to create an account or subscribe to the Service. If we believe or become aware that you have created your account or subscribed to the Service by submitting any false, misleading or fabricated information, your account will be deactivated/terminated in our sole discretion and without any obligations whatsoever.
When you create an account or subscribe the Service, you may be required to submit your username, phone number and other details of your personal, professional or business profile that you wish to share with other users on the Service. Any personal information or data that you provide on the Service or we receive from third parties will be handled according to our Privacy and Data Policy, which is being incorporated into this Agreement by reference.
This Privacy and Data Policy will explain how we may collect, use or share your information across the Service and how you can manage your privacy by modifying the security settings or asserting your privacy preferences. Your consent to this Privacy and Data Policy shall be mandatory for using the Services.
Permissions You Give to Us
By using the Service, you grant your permission that we reasonably need to provide the Service, including but not limited to your consent for installing updates to the apps and other aspects of the Service on your device.
You also give your permission and allow us to use your username, profile picture, content, and actions related to other users, accounts, ads or sponsored content on the Service. For example, we may record, review or share your username, profile picture, likes, follows, and other behavioural information (i.e. how you react, follow or engage with accounts, ads, offers and sponsored content displayed on the Service).
Sharing your behavioural information can be part of a paid advertisement on the Service, but you agree that QCOM - Tecnologias de Informação Lda. shall not be liable to pay any compensation to you. However, we will always respect your privacy preferences and information about your relationships and actions will be made available to only those people who are duly authorised to see that content or follow.
All user accounts and associated content on the Service, including your profile picture, descriptions, views, reviews, suggestions, recommendations, and information posted, shared or otherwise transmitted through the Service shall be deemed as user-generated content.
When you post, share or upload your content on or in connection with the Service, you hereby consent to grant QCOM - Tecnologias de Informação Lda. a non-exclusive, sub-licensable, transferable, royalty-free, worldwide, perpetual license over your copyrighted or protected content (i.e. photos or videos) to host, publish, publicly perform, display, distribute, adapt, modify, run, copy, translate, use or create derivative works for commercial or non-commercial purposes (subject to your privacy settings and preferences). However, you will have the ownership of your content and fully liable for what you say on the Service.
Suggestions and Feedback
When you submit your views, reviews, suggestions, recommendations on the Service or provide your feedback through any survey being organised or sponsored by us, we may use your feedback without any restrictions or obligations to keep it confidential, obtain your consent, notify you or compensate you for using any intellectual property contained in such feedback.
The Service shall be used for lawful purposes and in a lawful manner. We endeavour to provide a safe and open Service for broad community participation, and all activities that hamper us from achieving this goal shall be strictly prohibited. You shall follow all the local, state and federal laws in your jurisdiction. You agree that you will not:
- Buy, sell or transfer your account: you are not allowed to trade in or transfer any aspect of your account (including your user names, profile picture or the list of your followers). You shall never collect, use or solicit to use the login credentials of other users.
- Impersonate others or provide false information: you don’t have to necessarily disclose your identity on the Service, but you are not allowed to impersonate any use or entity. You have to provide accurate and updated information for creating an account on the Service. If you create an account for someone else, you must have his/her express permission to do so.
- Engage in any kinds of unauthorised or unlawful activity: you are not allowed to use the Service for any kinds of illegal, unlawful, prohibited, infringing, fraudulent or misleading purposes. Creating accounts or accessing/collecting information in an unauthorised manner is strictly prohibited.
- Violate these terms and conditions: you are not allowed (or encourage/help others) to violate the terms and conditions of this Agreement, including the policies, procedures, guidelines and additional agreements incorporated into this Agreement. You may contact our support team to report any such violations on the Service.
- Violate or infringe third-party rights: you are not allowed to share any kinds of defamatory, derogatory, offensive, infringing or otherwise objectionable content. You shall never post any confidential or copyrighted information unless you are duly authorised to do so.
- Interfere with or Impair the Service: you are not allowed to use any tools or technology to reverse engineer, test or probe any vulnerability, disobey or circumvent any requirements, or otherwise interfere with or impair the intended operation of the Service or connected networks.
- Induce others to follow any malicious link: you are now allowed to use any domain name or URL as your username unless you have obtained prior written consent. You shall never induce any user to follow any malicious links or attacking pages.
QCOM - Tecnologias de Informação Lda. reserves a right to disable or terminate your account in its sole discretion and without any obligations whatsoever. When feasible, we will inform you about any such restriction, suspension or termination of your account.
You may also delete your account and terminate this Agreement at any time. If your account is terminated, all content associated with your account will be permanently deleted unless we are required to retain any information.
If you believe that your account has been restricted, suspended or terminated due to any mistake, please contact our support team. You may also contact us to disable or permanently delete your account on the Service. Please acknowledge that your deleted content may still be visible when shared by other users or persist for some time until they are removed from our backup copies.
This section and the sections titled Disclaimer of Warranties and Limitation of Liability shall survive any termination of this Agreement.
Disclaimer of Warranties
QCOM - Tecnologias de Informação Lda. disclaims all warranties, undertakings, and representations, whether express or implied, to the maximum extent permitted by the law. The Service is being offered As-is and As-available, without any kinds of express or implied warranties of accuracy, authenticity, availability, merchantability, title, non-infringement, fitness for particular purpose or suitability of the Services as per your needs and preferences.
We do not guarantee that the content on the Service, including any user-generated content will be accurate, authentic, reliable, available, complete, safe, secure or free from errors, omissions, infringements, interruptions, viruses or malicious codes.
We do not guarantee that users on the Service or third-party service providers will always act responsibly and never engage in any kinds of unsolicited behaviour, action or conduct. Please acknowledge that we are not responsible for any such unsolicited, unlawful or objectionable behaviour or content on the Service. We do not guarantee that the Service will be available and work perfectly all the time.
We may feature third-party logos, trademarks, service marks, banners or advertisements on the Service. Integrating third-party services or publishing their content shall not be deemed as any kinds of endorsement or recommendation for third-party services or content. We are not responsible for third party services or content even if you access them on/through the Service.
Limitation of Liability
QCOM - Tecnologias de Informação Lda. shall not be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages, including but not limited to any loss of actual or potential business, revenue, profits, information, data, goodwill, credibility, peace of mind or other intangible losses arising out of or related to these terms and conditions or any deletion of your content, information or account upon the termination of this Agreement or otherwise, even if the possibility of such damages was already known to us or conveyed in advance.
This limitation of liability is subject to the applicable laws governing this Agreement. We do not intend to limit any of your statutory rights guaranteed in your jurisdiction, but if anything happens on the Service, we shall be liable only to the extent permitted by the law. You agree that we shall not be liable when we cannot know the possible impacts or consequences due to an issue with our Service.
Any claim, action, cause of action or dispute arising out of or in relation to these terms and conditions shall be governed by the applicable laws in your jurisdiction and resolved in any court with competent jurisdiction in that country, provided that you initiate such claims, actions or disputes as a consumer.
If you are not a consumer, all matters arising out of or in relation to this Agreement, including the policies, procedures and additional agreements incorporated into this Agreement, shall be governed by and construed in accordance with the Portuguese laws, without any regard to the conflict of law provisions. The parties agree that Tribunal Judicial de Guimarães shall be the court of the first instance with regard to any claim that may not be amicably resolved through mutual negotiations.
Changes to this Agreement
We may modify or replace these terms and conditions to reflect any changes in our policies and business or legal requirements. However, if we make any changes to these terms and conditions, we will publish a notification through our Service and take other appropriate measures to inform you so that you can review the modified Agreement before giving your consent.
Continued use of the Service shall be deemed as your explicit consent to the modified Agreement. If you do not agree with any updates to these terms and conditions, you can delete your account and discontinue the Service.