1. Identification details:
- Name: Serralves Foundation
- Postal address: Rua D. João de Castro, 210, 4150-417 Porto
- Tax identification number: 502266643
- E-mail address: serralves@serralves.pt
- Data Protection Officer: Serralves Foundation
This information comprises and regulates the terms and conditions of use, limitations of liability and obligations, that users of the website with the domain name www.loja.serralves.pt accept and undertake to observe.
2. Definitions
- “Website” or “Site”: the domain www.loja.serralves.pt, made available to Internet users;
- "User": a natural or legal person who uses or browses the website;
- “Content”: the pages included within the domain www.loja.serralves.pt as a whole, which comprise the information and services made available to internet users by the Serralves Foundation;
- “Web”: a technical word to describe the information access system via the Internet, consisting of pages created using HTML or a similar programming language, and programming mechanisms such as java, javascript, PHP or others, etc. published under an Internet domain name, where we can find the information made available to Internet users by the owner.
- “Hyperlink”: a technique through which users can browse different pages of a website or on the internet, simply by clicking on the text, icon, button or indication that contains the link.
- "Cookies": technical means to monitor browsing within the website. This method has implications for the privacy of users and, for this reason, the Serralves Foundation promptly warns about their use when they are implemented on the site.
3. Users / Terms and conditions of Use
Access and / or use of the website www.loja.serralves.pt, implies the condition of a user, who, through use and / or access of the site, accepts these terms and conditions of use, without prejudice to all and any of the clauses available on the website www.loja.serralves.pt, or at www.serralves.pt.
If the User does not agree with the terms and conditions of use of this Notice, s/he must abstain from using the Site.
4. Use of the site
The site www.loja.serralves.pt provides access to products, articles, information and data owned by the Serralves Foundation, and the latter assumes liability for the content of the website.
Several pages on the site may enable user participation, through the option of adding comments. In these cases, any user can send texts, using the comment submission form specifically established for this purpose. By sending these texts, through clicking on the corresponding link, the user accepts and undertakes to make appropriate use of the content offered by the website, and not use it to:
i undertake illicit, illegal or contrary to good faith and public order activities.
ii disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defence of terrorism or that in any way stands in breach of human rights.
iii cause damage to the Serralves Foundation, its suppliers or third parties by introducing or spreading computer viruses, or any other physical or logical systems with the potential to cause the aforementioned damage, via the internet.
iv Attempt to access and, where applicable, use other users' email accounts and modify or manipulate their messages.
Finally, applicable legislation must be observed and followed, along with generally accepted norms of morality and decency, public order and these terms and conditions of access and use.
Users are obliged and undertake not to use any content on the site for illicit, prohibited or harmful purposes of the rights and interests of third parties or which may, in any way, harm, disable, overburden, deteriorate or prevent the normal use of the content of the website, equipment or document files and all types of content stored in any equipment (hardware and software), owned or contracted by the Serralves Foundation, or owned by other internet users.
Users are obliged and undertake not to transmit, disseminate or make available to third parties any type of material contained on the website, such as, among others: information, texts, data, content, messages, graphics, drawings, sound files and / or image, photographs, recordings, software, logos, brands, icons, technology, software, links, graphic design, source codes or any other material to which they may have access as Users of the website.
In addition, in compliance with all of the above, users:
- may not reproduce, copy, distribute, make available or, in any other manner, publicly communicate, transform or modify the content of the website;
- may not exclude, manipulate or, in any other way, alter the Serralves Foundation's copyright and other identification elements;
- must refrain from obtaining or trying to obtain content from the website by means or procedures other than those which, depending on the case, were made available to them, indicated on the web pages where the content can be located or normally used on the Internet;
- must use the contents of the website for the exact purposes for which they were made available and so as not to damage or disable the website and / or any of its contents.
5. Privacy policy. Data protection
The Serralves Foundation is aware of the importance of data protection and user privacy. For this reason, it has implemented a data processing policy aimed at providing maximum security when using and collecting this data, ensuring compliance with current legislation on the subject and making this policy one of its basic operating principles.
The Serralves Foundation considers that its “Privacy Policy” is obligatory reading, and therefore users should consult it at: https://www.serralves.pt/pt/politica-de-privacidade/
6. Modification of the disclaimer
In order to improve the service of the website, Serralves Foundation reserves the right to carry out, at any time and without prior notice, modifications and updates to the information found on the website, as well as the configuration and design of the website. At no time will the Serralves Foundation be held liable for any damage or prejudice that it may cause to users of the website or to third parties due to such modifications and updates.
7. Intellectual / Industrial Property
The Serralves Foundation owns all the intellectual and industrial property rights to its website, and all the elements contained on this website (including, but not limited to: images, sound, audio, video, software, brand texts, logos, colour schemes, structure, design, selection of the material used, software programmes necessary for its operation, access, use ...). These elements belong to the Serralves Foundation or to third parties with whom the Serralves Foundation has contracted the respective rights of use, and therefore all rights are reserved.
All brand names, product names and titles used on the website are registered trademarks or registered names of Serralves Shop or registered trademarks and registered names of other owners. The user / client of the site is not authorised to use or reproduce any of these trademarks or registered names, since this would constitute a breach of the owners’ rights.
Everything regarding the design, texts, documents, films, music and / or other services of the website, the selection and organisation of the website, as well as the entire compilation of software (including applets) and all other materials on the website are owned by the Serralves Shop and its suppliers. Users / customers are only allowed to electronically copy and print portions of the website if this is necessary to place an order on it, or to use the website as a source for a purchase. The user / customer is not authorised to make any other use of the website or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution or republication. If the user / customer wishes to use information or materials from the website, they need to obtain prior written authorisation from Serralves Shop.
Any use of the elements described above that is not authorised by the Serralves Foundation will be considered to be a serious breach of intellectual property or author rights.
Users undertake to respect the Serralves Foundation’s Intellectual and Industrial Property rights. Users must refrain from excluding, altering, evading or manipulating any protection device or security system installed on the Serralves Foundation’s web pages.
The Serralves brand and logos included on the website are the property of the Serralves Foundation or, as appropriate, of third parties who have authorised their use. Use or access to the Portal and / or Content cannot be understood to give users any right to the aforementioned brands, commercial names and / or distinctive marks, nor can it be understood that any existing or potential exploitation rights for this content have been granted to users.
Likewise, the Content of the web page is the intellectual property of the Serralves Foundation or, as applicable, of third parties, whereby the intellectual property rights are owned by the Serralves Foundation, or by third parties who have authorised their use. The Serralves Foundation and third parties exclusively exercise the rights to exploit this Content, in particular the rights to their reproduction, distribution, public communication and transformation. It is expressly forbidden to reproduce, distribute, publicly communicate, including the provision of all, or part of, the contents of this web page for commercial purposes, via any technical means, without prior authorisation from the Serralves Foundation
Any unauthorised use of the information contained in this Site, in addition to violating the Intellectual or Industrial Property rights of the Serralves Foundation, or of third parties, will be held liable under the legal terms in force.
8. Cookies
Cookies are a technical means of "tracking" and monitoring browsing of the site. This method has implications for the privacy of users, and the Serralves Foundation therefore informs that it can use cookies in order to produce website usage statistics and identify users' computers or electronic equipment, enabling their recognition on future visits. In all circumstances, users can configure their browsers to block the use of cookies when visiting this site.
The Serralves Foundation is aware of the importance of data protection and user privacy, and therefore insists that the “Cookies Policy” be read.
9. Availability of the site
The Serralves Foundation cannot guarantee the absence of interruptions or errors when accessing the website or its content, or that the content is updated. However, it will make every effort to, as applicable, to avoid, rectify or update the website and its content. The Serralves Foundation therefore cannot be held liable for losses or damages of any kind caused to users as a result of errors or disconnections in the telecommunications networks, that lead to the suspension, cancellation or interruption of the provision of the services of the electronic portal.
The Serralves Foundation excludes, with the exceptions stipulated within prevailing legislation, any liability for losses or damages of any kind caused by insufficient availability, continuity or quality of the operation of the website and its content, or due to non-compliance with the expectations of use that the users may harbour in relation to the website and its content.
The exclusive function of the hyperlinks that appear on this website is to inform the user of the existence of other web pages that contain information on a particular subject. These hyperlinks in no way constitute suggestions or recommendations.
Serralves Foundation cannot be held liable for security errors that may arise, or for possible damage to users' computer systems and electronic devices (hardware and software) or to the files or documents stored on them, as a result of:
- The presence of a computer virus on the user's computer or electronic device, used to connect to the services and content of the website;
- Malfunctioning of the browser, or use of non-updated versions of the browser.
The Serralves Foundation cannot be held liable for the content of these linked pages, for the operation or usefulness of the Hyperlinks, nor for the result of these links, nor does it guarantee the absence of computer viruses or other elements in them that may cause changes to the users' computer systems or electronic devices ( hardware and software), documents or files, excluding any liability for damages of any kind caused to users for that reason.
Access to the website does not imply an obligation by the Serralves Foundation to monitor the absence of viruses, worms or any other element that may cause harm to the computer or electronic device. In any case, it is the user's responsibility to use appropriate tools to detect and “clean” harmful computer programmes or electronic devices and, therefore, the Serralves Foundation shall not be held liable for any security errors that may arise during the provision of the website’s services, or for any possible damage caused to computer systems or electronic devices of users or third parties (hardware or software), files or documents stored on them, as a result of the presence of a virus on a user's computer or electronic device, used to connect to the services and content of the Web page, with malfunctions of the browser or the use of non-updated versions of the browser.
10. Quality of the site
Given the dynamic context of the information and services provided by the website, the Serralves Foundation shall make every effort to ensure that there are no lapses or errors on the website. However, it cannot guarantee the total veracity, precision, usefulness and timeliness of all content on the site.
The information contained in the pages of this Portal is only of an informative, consultative and advertising nature. Under no circumstances does the information offer or involve a binding or contractual commitment.
Serralves Foundation excludes all liability for decisions made by users based on this information or on possible typing errors that the documents and graphics on the website may contain. This information is subject to possible periodic changes, without prior notification, of its content, due to the expansion, improvement, correction or updating of the Content.
11. Content availability
The provision of services for the website and its content is, in principle, of indefinite duration. The Serralves Foundation is, however, authorised to terminate or suspend the provision of services on the website and / or any content at any time. Whenever reasonably possible, the Serralves Foundation will provide prior notification of the termination or suspension of the website.
12. Jurisdiction
Any disputes that may arise in relation to the interpretation, application and compliance with this Legal Notice shall be subject to the exclusive jurisdiction of the Courts of the District of Porto, with express waiver of any other.
13. Applicable legislation
The terms of this Legal Notice are governed by Portuguese law.