The ItaliMalangatana - Confirmação de Registo‏an - The last work of Mater Malangatana

 

Website Terms of Usage

  1. Inicial Provisions
    1. This document (the “Terms of Use”) aims at defining the terms and conditions of use of the website available at URL https://malangatana.sapo.mz (the “Website”), which has been created by PT Comunicações S.A. (“PTC”) specifically for the project involving the auction of the last artwork by Mozambican painter Malangatana V. Negwenya.
    2. These Terms of Use have been prepared by PTC and govern the use of the Website by its users.
    3. The rules and procedures covering the auction of the artwork by painter Malangatana V. Ngwenya are contained in the respective Regulation, which may be accessed through the Website.
  2. Website

The Website is provided by PTC within the «Portal SAPO» in Mozambique and includes the following tools and features:

    1. Making available a software platform allowing for participation in the auction for the last artwork by painter Malangatana;
    2. access by bidders to a personal, reserved area, where they will have access to information regarding their participation in the auction;
    3. management and organization of the computer system associated with the auction; and
    4. hosting of content, data and other information (e.g. description of features, pictures and videos) related to the artwork.
  1. Intervention and Responsibility of PTC
    1. PTC was chosen by the arranger of this project as technological partner to create and manage the website, as well as the software platform underlying the auction. PTC responsibility in this respect is set out in these Terms of Use and is limited to its participation in this project
    2. Access and use of the Website are subject to the current status of technology. PTC will use its best efforts to ensure continuous availability of the website, but will not guarantee or assure that access and use is without interruptions, delays, failures or errors.
    3. PTC shall not be liable for:
      1. difficulties or unavailability of access and use of the Website, namely based on interference, omission, interruption, virus, bugs, breakdowns and/or malfunctions of the Internet, the electronic, software, energy or telecommunications system, or in case of overload of the network, server maintenance or the platform supporting the Website;
      2. delays, blockages or failures caused by failures or overloads of the Internet, electronic, computer, energy system or telecommunications systems;
      3. illegal actions by third parties, including access or modification of personal databases;
      4. possible errors or security deficiencies resulting from use of an outdated or unsafe browser or other software; and
      5. damages to the system and/or users’ computer equipment, arising from use of the Website.
    4. In all other cases, PTC shall only be held responsible for facts which are attributable to PTC as a serious fault. Liability in the event of force majeure acts is expressly excluded.
    5. In addition, PTC will not be responsible for any aspects related to the artwork or the respective offer for sale, namely:
      1. information, description, elements (e.g. images and videos) and other data available on the Website;
      2. the state, level of conservation and general condition of the work, including any of its main or accessory components;
      3. the existence or adequacy of associated documentation;
      4. the payment of taxes, fees and any other charges due for the legalization, purchase or ownership of the artwork;
      5. the preparation, entering into and execution of the contract between the seller and the buyer, including the whole process of transfer of ownership and rights over the artwork; and
      6. Collecting or transporting the artwork and its legalization, if applicable.
    6. PTC shall not be liable for any material or other content made available by third parties on the Website.
  2. Security
    1. Any act or attempt to change the materials, content or software, upload information, get unauthorized access or other action that may cause damages or endanger the integrity, continuity or quality of Website are strictly prohibited, namely:
      1. breach of authentication or security systems protecting access accounts, servers, networks or services;
      2. unauthorized access or obtaining of any third party information (personal data or otherwise);
      3. unauthorized research on vulnerabilities or weaknesses in access accounts, servers, services, networks, in particular the systematic detection of response to services;
      4. entry into computer systems, services or networks without express authorization by owners or other competent parties;
      5. overload actions intended to damage or sabotage the operation of the Website;
      6. interception and/or illegal or undue interference (and attempt thereto) in any data, systems or equipment, without due authorization;
      7. use of remote computers for routing traffic; and
      8. breach or attempted breach of protection rules for technological measures and electronic management of information of rights under the Copyright Code (Código de Direitos de Autor e dos Direitos Conexos).
    2. At any time and without prior notice, PTC reserves the right to execute the required measures to ensure the integrity, security, continuity or quality of the Website, including restrictions or limitations to access.
  3. Intellectual Property
    1. The materials, content and software of the Website, as well as trademarks, logos and all other distinctive signs are protected by intellectual property rights.
    2. The reproduction, amendment, copying, use, distribution, trading, public or private communication, appropriation, download or otherwise use or exploitation of materials, content and software of the Website (including without limitation its design, shape and presentation), as well as trademarks, logos and all other distinctive signs, may only be carried out with the prior written consent of PTC or of the third party owner of such right.
  4. Privacy and Data Protection Policy
    1. Users' personal data will be collected and processed in accordance with the applicable legislation and in the terms of Portal SAPO’s Privacy Policy (Política Geral de Privacidade do Portal SAPO), available at http://seguranca.sapo.pt/politicadeprivacidade.html, for the purpose of managing and carrying out the auction, as set out by the respective Regulation and this document.
    2. The user agrees that his/her personal data shall be transmitted to the seller for the purpose of managing the transmission of the artwork to be auctioned.
    3. PTC hereby informs that bids submitted through the system, as defined in the Regulation, may be stored in computer systems and may be disclosed, used and transmitted.
    4. User consents in receiving communications by e-mail regarding the work, auction, bids and news related to these topics.
  5. Links
    1. PTC is not responsible for legal compliance, reliability or quality of any content provided on any websites referred to in the links on the Website, or for compliance with the applicable legal rules in relation to the content available therein.
    2. Under no circumstances does the establishment of hyperlinks imply a relationship between PTC and the owner or manager of the website to which the link directs, or the acceptance or approval by PTC of any content, services or materials available therein.
  6. Final Provisions
    1. Any clarification requests about these Terms of Use should be addressed to the contact made available on the Website for this purpose.
    2. Should any provision of these Terms of Use is declared invalid, ineffective or unenforceable by a competent authority, such invalidity, ineffectiveness or unenforceability shall not affect the validity of the remaining provisions.
    3. PTC has the right to revise or amend, partially or totally, at any time, these Terms of Use and shall post the updated Terms of Use on the Website at least 2 (two) days prior to the respective entry into force.
    4. Use of the Website by its users following the entry into force of the new Terms of Use will be considered as acceptance for all purposes of such new Terms of Use.
    5. These Terms of Use are governed by the applicable provisions of Portuguese law and in case of dispute regarding their interpretation or application the Courts of Lisbon will be competent, any other being expressly waived.
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