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Terms of Use

Last revised on January 25, 2018

Agreement

You, the user, agree that by clicking “Sign Up” or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Talento Nominal Lda,. (“GiveToU” or “we”).


This “Agreement” includes this Privacy Policy and the Terms of Use, and other terms that will be displayed to you at the time you first use certain features, as may be amended by GiveToU from time to time. If you do not agree to this Agreement, do NOT click “Sign Up” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

Eligibility

To use the Services, you agree that:

you are the “Minimum Age” (defined below) or older;
you will only have one account, which must be in your real name; and
you are not already restricted by GiveToU from using the Services.

“Minimum Age” means:

18 years old for the Portugal and People's Republic of China,
16 years old for the Netherlands,
14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and
13 years old for all other countries.

However, if law requires that you must be older in order for GiveToU to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

Membership

Your account is personal to you. You agree to:

Secure your password;
Keep your password confidential;
Select a strong and secure password;
Adhere to the law; and
Follow the below rules.

You are responsible for all actions taken using your account. If you suspect your account has been compromised or misused, you agree to report it immediately to suportet@givetou.pt

Payment

If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your membership. Also:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
You authorize us to store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your service (e.g., membership) and to facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable membership period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.

Notices and Service Messages

You agree that we may provide notices to you in the following ways:

a banner notice on the Service, or
an email sent to an address you provided, or
through other means including mobile number, telephone, or mail.

You agree to keep your contact information up to date.

When you share information, others can access that information.


Messages and Sharing

Our Services may allow for messaging and sharing of information in different ways. Information and content that you share or post may be seen by other Members or, if public, by Visitors.


Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., changing the default setting for certain profile content from public to a more restricted view, limiting your profile visibility, or not letting people know when you change your profile, make recommendations or follow companies).


We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

Your License to GiveToU

As between you and GiveToU, you own the content and information that you submit or post to the Services and you are only granting GiveToU the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.
We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression unless it includes inappropriate or unlawful content, errors, and/or discrepancies that require correction.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.


By submitting suggestions or other feedback regarding our Services to GiveToU, you agree that GiveToU can use and share (but does not have to) such feedback for any purpose without compensation to you.


You agree to only provide content or information that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.


GiveToU may be required by law to remove certain information or content in certain countries.

Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.


GiveToU is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Other Content, Sites and apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. GiveToU generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.


You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your GiveToU account, that app or site can access information on GiveToU related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, GiveToU is not responsible for these other sites and apps -- use these at your own risk.

Limits

GiveToU reserves the right to limit your use of the Services and the right to restrict, suspend, or terminate your account if GiveToU believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any of the Rules).


GiveToU reserves all of its intellectual property rights in the Services. For example, GiveToU, GiveToU (stylized), and other GiveToU trademarks, service marks, graphics, and logos used in connection with GiveToU are trademarks or registered trademarks of GiveToU. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

No Warranty

TO THE EXTENT ALLOWED UNDER LAW, GIVETOU (AND THOSE THAT GIVETOU WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS GIVETOU HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), GIVETOU (AND THOSE THAT GIVETOU WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).


IN NO EVENT SHALL THE LIABILITY OF GIVETOU (AND THOSE THAT GIVETOU WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GIVETOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF GIVETOU HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.


SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

GiveToU or you may terminate this Agreement at any time with notice to the other. On termination, you will become an emeritus member but may lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;
Our rights to keep a log of your account;
Our rights to archive your profile and provide member access to your archived profile;
Our, Members’ or Visitors’ rights to re-share content you submitted via the Services prior to termination to the extent that information was obtained prior to termination;
Any amounts owed by either party prior to termination remain owed after termination.

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.

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