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The User must carefully read these Terms and Conditions that regulate access and use of the website www.nammushroom.com (hereinafter “ Website ”), operated by the company NÃMFUNGI, LDA., with headquarters in Rua Amorim , nº11, 1950-022 Lisbon, legal entity no. 515 050 334, registered at the Lisbon Commercial Registry Office under the same number, from now on “ Nãm Mushroom ”. The use of this Website will be governed by these Terms and Conditions, its use implying acceptance thereof by the User. If the User rejects these Terms and Conditions, they must immediately cease using them. Nãm Mushroom may change or update without prior notice, in whole or in part, these Terms and Conditions, with any changes or updates coming into effect as soon as they are published in the respective section of the Website, unless applicable legal provision to the contrary. Users are advised to regularly consult the Terms and Conditions sections to check the most up-to-date versions. Access to and use of the Website is provided exclusively for personal use, to access the information provided by Nãm Mushroom, and is therefore not related to any commercial, business or professional activity of the User. Nãm Mushroom reserves the right to assess the User's compliance with these Terms and Conditions at its discretion. Violation of the Terms and Conditions may result in the withdrawal of the authorization for use granted by Nãm Mushroom, under the terms set out here and, as well, the exercise of your rights to the maximum extent permitted by law. The User undertakes to indemnify and exempt Nãm Mushroom, as well as its legal representatives, partners and collaborators, from any damages, responsibilities, claims or requests for compensation, including expenses and representation costs, requested by third parties as a result of the use of the Website in terms that do not comply with these Terms and Conditions, and/or due to violation of the conditions set out therein, and/or resulting from failure to comply with the representations and guarantees contained in these Terms and Conditions.
USE AUTHORIZATION
Without prejudice to the other clauses of these Terms and Conditions, Nãm Mushroom authorizes any User to use this Website only for personal or informational purposes, as provided for in these Terms and Conditions. Authorization for use may be revoked by Nãm Mushroom at its discretion and at any time. Under the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, the User acknowledges and accepts that its content may be incomplete, inaccurate, not updated, or may not meet their needs and requirements.
CONTENT AND LIMITATION OF LIABILITY
Accessing and using the Website constitutes activities carried out by the User. The User is solely and exclusively responsible for the use of the Website and its contents. Nãm Mushroom is not responsible or assumes any responsibility for the use of the Website in terms that do not comply with the legal provisions in force by the User. Specifically, the User is solely responsible for communicating incorrect, false, or third-party information or data without their consent, as well as for their incorrect use. The contents of the Website may contain inaccuracies or typos. Nãm Mushroom is not responsible, nor will it be liable, by any means or method, for inaccuracies and errors, any damages caused or resulting from the use of information derived from the Website or through the Website by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the Website. The Website and all information and content published on it may be changed by Nãm Mushroom at any time, periodically and/or without prior notice, unless otherwise provided by law. Considering that any content that may be downloaded or otherwise obtained is the result of the User's free decision and is carried out at his/her own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations carried out by the User, will be the exclusive responsibility of the User and cannot be attributed to Nãm Mushroom. Nãm Mushroom does not assume any responsibility for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers services or with the telephone and/or telematics connection, unauthorized access, changes to data, or related to the non-existence and/or defective functioning of the User's electronic devices. Nãm Mushroom has adopted appropriate technical and organizational measures to safeguard the security of the services provided through the Website, ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of the User's confidential or non-confidential data and information, contained on the Website, or related to access – unauthorized or in breach of applicable legal provisions – to said personal data and information. Nãm Mushroom does not and cannot guarantee that the Website is free of viruses or any other element that could negatively affect its use.
WEBSITE ACCESS, INTERRUPTION AND SUSPENSION
Nãm Mushroom makes its best efforts to provide continuous access to the Website, however, said access may be suspended, limited or interrupted at any time for any reason. Access to the Website may be limited from time to time to allow recovery, maintenance or the introduction of new features or services. Access to the Website may also be interrupted in cases of “Force Majeure” considered as any cause that disrupts the performance of the Website and that has any type of impact on the fulfillment of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular but without limitation, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunications or other network failures, outages, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemic or other natural disaster, any legislation, regulation, rule or decision of a State or court. In any case, Nãm Mushroom will make every effort to regain access as soon as possible. Nãm Mushroom reserves the right to block access to any material and/or remove any material that may, in its discretion, cause a violation of these Terms and Conditions.
PERSONAL DATA PROTECTION
Nã m Mushroom, through this Website, does not collect or use any personal data from its Users, with the exception of IPs that are processed by Nã m Mushroom, as Data Controller, in order to ensure compliance and execution of these Terms and Conditions and for a period of 3 months after the last visit to the Website. With regard to the processing of personal data that Nã m Mushroom carries out through the use of cookies, please consult the Nã m Mushroom Cookies Policy and customize your settings, according to your preferences. Nã m Mushroom may transmit them to third parties and subcontractors, for the exclusive purposes of managing the Website. The User may exercise the rights conferred on him by data protection legislation, namely, the right to access his personal data, not to be subject to decisions taken exclusively based on the automated processing of his data, the right to receive your personal data in a structured, correctly used and machine-readable format (direct portability), the right to rectify your inaccurate data, the right to object to the processing of your data for reasons related to your particular situation, the right to obtain the erasure of your data (in certain cases) and the right to limit its processing, which can be exercised by the User as legally applicable, through a request addressed to the address identified above. The right to file a judicial or administrative complaint with the National Data Protection Commission is also guaranteed. Data Holders may exercise their rights by contacting Nã m Mushroom by sending an email to the Privacy@gruponabeiro mailbox . com .
INTELLECTUAL PROPERTY RIGHTS
All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as brands, logos, domain names, and any other elements that may be covered by proprietary rights (including source codes) and/or other types of intellectual property rights (hereinafter “ Material ”), are the property of Nãm Mushroom or third parties and are protected against use, copying or disclosure not authorized by national laws and international treaties relating to intellectual property rights. None of the provisions of the Terms and Conditions and/or the contents contained on the Website may be interpreted as implicitly conferring, accepting or otherwise licensing the right to use any Material by any means, without the prior written consent of Nãm Mushroom or the third party owner of the Material or intellectual property rights published on the Website. The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of Material not specifically identified, but of identical nature, is prohibited. As a User of the Website, the User undertakes not to use the Material for illegal purposes and not to violate Nãm Mushroom's rights. The User may, however, view and display the content of the Website and/or the Material on the screen of a computer or other electronic device, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such contents for your personal and non-commercial use, however you must maintain all information related to intellectual property rights. Access to the Website does not grant the User any rights over the content provided by Nãm Mushroom.
HYPERLINKS TO OTHER WEBSITES
If the Website provides links (“ Hyperlinks ”) to third party websites or to content provided by third parties (“ Other Websites ”), Nãm Mushroom hereby informs that the provision of links to such Other Websites are included for exclusively informative and for the User's convenience. Nãm Mushroom does not control the Other Websites and, therefore, is not responsible for such Other Websites or for the content or products that the Other Websites (including without limitation, the reference to social networks) and is not responsible for any damages or losses that may result from the use of Other Websites by the User, as well as the processing of personal data. Access to any Other Website, through a link on the Nãm Mushroom Website, will be at the sole responsibility and risk of the User. The User must therefore pay particular attention when connecting to Other Websites through links on the Nãm Mushroom Website and carefully read the respective terms and conditions and privacy policies.
USER REPRESENTATIONS AND WARRANTIES
The User acknowledges and declares that: • He has read and understood these Terms and Conditions; • You will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the Website or its contents, or part thereof, as well as refraining from using or reproducing the brands or any intellectual property rights of Nãm Mushroom ; • You will not publish or use false, insulting or defamatory information; • You will refrain from using, directly or indirectly, the services or the Website for purposes that are contrary to the law or that do not comply with these Terms and Conditions; • Will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats; • You will not use software or other automatic or manual mechanisms to copy or access control of the Website or its content.
MISCELLANEOUS PROVISIONS
The nullity of any of the provisions contained in these Terms and Conditions will be deemed unwritten, with the remaining provisions remaining fully in force and producing all their effects. These Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising from these Terms and Conditions or related to them, in the absence of an amicable and negotiated agreement between the parties, will be settled by the Judicial Courts of the District of Lisbon, with express waiver of any others. The User may contact Nãm Mushroom for any question related to the Terms and Conditions or for any question related to the use of the Website, via the following email address info@deltacafes.com