Terms and Conditions
Blue Market Agency Unipessoal Lda. based in Avenida de França, 20, 5º Piso, sala 501, 4050-275 Porto, Portugal (“Blue Market”), owns a
service of Permission Marketing Campaigns, among other activities. This service
is provided by several websites of the company. The permission marketing
campaigns service is provided to the user (here on "the Subscriber")
under the terms and conditions of this agreement of terms and conditions. This
document represents the entire agreement between the Subscriber and Blue
Market.
1.
Description of Service
The Permission marketing campaigns service consists in
sending by e-mail and / or SMS information and advertisement about adequate products
and services, that the user agrees in receiving.
The Subscriber declares that he agrees to the following:
(1) provide updated, complete and truthful information about the Subscriber as
requested by the service and (2) maintain and update the same information to
keep it up to date, complete and truthful.
The Subscriber declares that he knows and is aware that
the provided data (the "Registration Information") will be
incorporated into an automated file or in a process of personal data handling.
If any information from the Subscriber is false or
inaccurate, Blue Market reserves the right to cancel the subscription of the
Subscriber and to terminate the rights of the Subscriber to use the Service.
The Subscriber authorizes Blue Market to save and use the
subscriber data to offer other services and products.
The subscriber knows and is aware that the Registration
Information is collected, recorded and stored on the servers of Blue Market.
The Subscriber may exercise their rights of access,
rectification, cancellation and opposition regarding the processing of their personal
data.
The rights can be exercised through the following means:
a) Through the cancellation links present in every communications sent via
email; b) By email: mydata@bluemarketagency.com, with the subject remove c) By
post to the address above.
2.
Limitation of Liability
The Subscriber expressly agrees to assume exclusively any
and all risk arising from the use of Permission marketing campaigns service.
Blue Market is not responsible neither for the Impossibility
to use, business interruption, nor for direct or indirect, special, incidental,
or consequent damages, caused by any kind of negligence (including loss of
benefits).
Blue Market does not guarantee that the service responds
to subscriber requirements or that the service is not interrupted, is safe,
timely or error free, as it does not guarantee the results that are obtained
using the service, and the exactitude or reliability of the information
obtained through the service.
Also, it does not guarantee the correction of defects in
the service. The websites and emails sent by Blue Market may contain links to
other websites which are outside Blue Market control.
If accessing other sites using this links, be aware that
these sites can possibly ask for and collect personal data, in accordance with
its privacy policy, which may differ from ours. It is also important to note
that websites and emails sent by Blue Market may occasionally provide links to
other sites created and managed by other organizations.
Since these sites are not owned by Blue Market we can not
guarantee the quality, suitability or operation of the same ones, and our
relationship with these websites does not imply an endorsement of products or
services sold or advertised, or any information present on these sites.
We strongly recommend the user to be careful, once Blue
Market will not be responsible, directly or indirectly, for any damage or loss
caused or allegedly caused to the user or family regarding the use of content,
goods or services available in these websites.
3.
Prohibition of Resale or
Commercial Use of the Services
The use of the Services is just for Subscribers and
Customers (Sponsors) of Blue Market. The Subscribers and Sponsors agree not to
assign or make any commercial use of the Service without the express permission
of Blue Market.
4.
Subscriber’s Conduct
The Subscriber is the only responsible for the content of
the transmissions through the Service. The use of the service by the Subscriber
is subject to local, provincial, autonomous, national and international laws
and regulations. The Subscriber agrees: (1) Not to use the Service neither for
illegal purposes, nor for purposes prohibited by this document; (2) Not to interfere
with the network systems connected to the Service or dismantle them; (3) To comply
to all regulations, rules and procedures of networks connected to systems Permission
marketing campaigns service. Blue Market by its own discretion, may terminate Permission
marketing campaigns service immediately, if the conduct of the subscriber is
not in accordance with these terms and conditions.
5.
Compensation
The Subscriber agrees to indemnify and exonerate from all
liability Blue Market, its management and employees, in case of any claim or
proceeding, including reasonable attorneys' fees, provided by others as a
result of the use of Permission marketing campaigns service by the Subscriber,
or by the infringement of this agreement by the Subscriber, as well as by the
infringement of another Subscriber or User of Permission marketing campaigns
service using the computer of the Subscriber, intellectual property, industrial
or any other right of an individual or legal person.
6.
Participation or adherence to
advertising campaigns
The Subscriber can maintain correspondence with the
sponsors that present their products on the Permission marketing campaigns
service or participate in their advertising campaigns. This correspondence or
participation in campaigns, including the delivery of goods and the supply of
services and their payment, and any other terms, conditions, warranties related
to such mailings or advertising campaigns will be established just between the
Subscriber and the Sponsor. Blue Market assumes no responsibility or liability
derived from any such correspondence or participation.
7.
General Terms
This agreement is governed by the Portuguese law, and the
parties to any contentious issue derived from this Agreement will always refer to
Judges and Porto Courts (Portugal). The clause headings in this agreement are
used just for the convenience of the parties and they do not have legal or
contractual significance.
8.
Changes in Terms of Service
Due to the special conditions of service, and in order to
provide the most appropriate service at every moment, Blue Market may modify
the terms and conditions of this Agreement by notifying the Subscriber by
submitting changes on the website, to make them known to the Subscriber. The
uninterrupted use of Permission marketing campaigns service by the Subscriber
shall constitute a ratification of this document, with the modifications and
changes that have been introduced.
9.
Changes in the service
For the reasons mentioned above, Blue Market has the right
to modify or discontinue, the whole or part of the Permission marketing
campaigns service with or without having notified the Subscriber. Blue Market
will not respond neither to the Subscriber nor to others for exercising their
right to modify or discontinue the Permission marketing campaigns service.
10.
Termination of Relationship
Both the Subscriber as the Blue Market may finalize the
Service at any time without prior notice or justification and such decision
shall be effective immediately.
Blue Market will not respond neither to the Subscriber nor
to others by the end of the permission marketing campaigns service.
In case of Subscriber disagreement in any of the terms and
conditions of this Agreement or in any of its modifications, or in case of not
being satisfied with permission marketing campaigns service, the resource is:
(1) To stop using the service; (2) To cancel the subscription to the Service;
(3) To notify Blue Market of the termination, by the means described in
paragraph 1 (Service Description). At the moment of termination of the Service
the rights of using the Permission marketing campaigns service by the
subscriber cease immediately.