I, Rafael Tavares have built this website, and created all downloadable software applications, audio files, packages of words and expressions, videos and any other files and pieces of information to pass on my experience and research on the field of foreign language learning. With it, my aim it to help users achieve a better and quicker learning of the Portuguese language which may help them to speak Portuguese quicker and faster. I am the copyright owner of all the material you find on and download from this website.
While the information and files contained within this website is periodically updated, I will do my very best to be as accurate as possible with all the information I provide here, however I give no guarantee that the information provided from this website is entirely correct, complete, and/or up-to-date. The materials contained on this website are provided for general learning purposes only and do not constitute legal or other professional advice on any subject matter. I or www.rafas-vocabulary-ticker.com do not accept any responsibility for any loss, damage or harm which may arise from reliance on information contained on this site. The terms and conditions of this Agreement are subject to change by rafas-vocabulary-ticker.com at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you may not use www.rafas-vocabulary-ticker.com.
The terms and conditions contained herein apply to all users of Rafas-vocabulary-ticker.com and Learnportuguesewithrafa.com whether a 'visitor' or a 'member' and you are only authorized to use Rafas-vocabulary-ticker.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
This website was built in good will which is open to eligible adult members of the public, to enable them to learn languages using a computer. This website offers its content in two options:
1. Pay-As-You-Go Membership, which requires a fee from the user as he/she downloads software and files from this website and progresses with his/her learning.
2. Free content from different written articles.
The use of this website is perfectly lawful provided that members agree and abide by the terms of service - terms and conditions detailed hereunder.
CHOICE OF SERVICE AND ACCEPTANCE OF TERMS
Rafa's Vocabulary Ticker provides an online Language Learning service to users for personal, private and domestic use only, to qualified members who may only access the website strictly subject to the Terms and Conditions set out within. By indicating their acceptance of the EULA (End User License Agreement) and Terms of Service, members confirm that they are of legal age and meet all legal conditions to commit themselves to these Terms of Service, that they have read, understood and agree to these Terms of Service, that they will abide by such terms and will indemnify Rafa's Vocabulary Ticker in respect of any failure on their part for failure to do so.
These Terms of Service may be modified, extended or replaced at any time, and no notice will be given of such changes. It is the member's responsibility to make themselves aware of such changes by visiting the website regularly.
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on Rafas-Vocabulary-Ticker website.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Rafas-Vocabulary-Ticker content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libellous, invasive of one's privacy excluding but not limited to personal information, hateful, racial.
You also agree that you shall not post, upload, publish, transmit or make available in any way on Rafas-Vocabulary-Ticker software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Rafas-Vocabulary-Ticker content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, excluding but not limited to any laws or regulations relating to securities, privacy, and export control, engage in, promote.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Rafas-Vocabulary-Ticker content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.
You agree not to use Rafas-Vocabulary-Ticker in any way that exposes Rafas-Vocabulary-Ticker to criminal or civil liability.
You agree that Rafas-Vocabulary-Ticker shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
SUBMISSIONS FROM USERS
Rafas-Vocabulary-Ticker permits the submission of text and other communications from users. You understand that whether or not such submissions from users are published and/or uploaded, Rafas-Vocabulary-Ticker does not guarantee any confidentiality with respect to any submissions.
Unless with written permission obtained from Rafas-Vocabulary-Ticker, Rafas-Vocabulary-Ticker will not allow/permit you to link to materials on the Website. More over, Rafas-Vocabulary-Ticker may provide an "Embeddable Player" feature, which you may not incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website. Rafas-Vocabulary-Ticker reserves the right to discontinue any aspect of the Rafas-Vocabulary-Ticker website at any time.
In addition, you may not modify, build upon, alter or block any portion of the Embeddable Player or its contents in any way.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
- Rafas-Vocabulary-Ticker to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms and conditions of Service; and
- You will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
- You have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms and Conditions of Service. For clarity, you retain all of your ownership rights in your submissions. By submitting information to a Rafas-Vocabulary-Ticker.com forum (for instance), you hereby grant Rafas-Vocabulary-Ticker a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Rafas-Vocabulary-Ticker Website and Rafas-Vocabulary-Ticker's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Rafas-Vocabulary-Ticker Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Rafas-Vocabulary-Ticker Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the Website and under these Terms and Conditions of Service. The foregoing license granted by you terminates once you remove or delete a submission from the Learn-portuguese-with-rafa Website.
In submitting material (text, pictures or other communication), you further agree that you shall not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Rafas-Vocabulary-Ticker all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage Rafas-Vocabulary-Ticker or any third party;
- Submit material that is obscene, illegal, unlawful, defamatory, libellous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements or solicitations of business;
- Impersonate another person. Rafas-Vocabulary-Ticker does not endorse any submission or any opinion, recommendation, or advice expressed therein, and Rafas-Vocabulary-Ticker expressly disclaims any and all liability in connection with submissions. Rafas-Vocabulary-Ticker does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Rafas-Vocabulary-Ticker will remove all content and submissions if properly notified that such content or submission infringes on another's intellectual property rights.
Rafas-Vocabulary-Ticker reserves the right to remove content and submissions without prior notice or delay. Rafas-Vocabulary-Ticker will also terminate a User's access to its Website, if they are determined to be an infringer. Rafas-Vocabulary-Ticker also reserves the right to decide in its sole and unfettered discretion, whether content or a submission is appropriate and complies with these Terms and Conditions of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Rafas-Vocabulary-Ticker may remove such submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using Rafas-Vocabulary-Ticker.com, you will be exposed to resources as well as submissions from a variety of sources, and that Rafas-Vocabulary-Ticker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions and resources. You further understand and acknowledge that you may be exposed to content that are inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rafas-Vocabulary-Ticker with respect thereto, and agree to indemnify and hold Rafas-Vocabulary-Ticker, its owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that Rafas-Vocabulary-Ticker may at its sole discretion have the right to refuse to publish, remove, or block access to any information that is available via the Website or other Rafas-Vocabulary-Ticker network or services at any time, for any reason, or for no reason at all, with or without notice.
Rafas-Vocabulary-Ticker provides its website as a source of information and a service to its users. However, Rafas-Vocabulary-Ticker assumes no responsibility whatsoever for monitoring the Rafas-Vocabulary-Ticker Services for inappropriate content or conduct. If at any time Rafas-Vocabulary-Ticker chooses, in its sole discretion, to monitor the Rafas-Vocabulary-Ticker services, however, Rafas-Vocabulary-Ticker assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
Rafas-Vocabulary-Ticker may review and delete any submissions from users that, in its sole judgement, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website (collectively "Inappropriate Submissions").
- Users are required to provide accurate and complete information upon application for membership of this website, and are limited to one account per member.
- Members agree to keep their membership details confidential and to only use his or her personal Member ID when logging in and using the Services and not communicate this to others.
- Members are solely responsible for any and all activities carried out using their computer, including the need to take adequate precautions to safeguard against Trojans, spyware, malware, viruses, and other threats to their security and that of any network to which they are connected.
- Members are responsible for the use of their computers and access to the services provided, including access by minors whether under their control or otherwise, or those of a particular disposition with regard to access to its content.
- Members undertake to refrain from any act or omission that would be contrary to the laws of the country in which they are accessing this website.
- It is the sole responsibility of each individual member or pay-as-you-go customer to abide by these terms and any other contractual provisions or general terms of his or her ISP.
- Members will not engage in any illegal, unacceptable or unauthorized use or access to third party property such as computers, hardware, networks, software and data and each User will refrain from any action which damages or could damage, compromise or destroy third party property such as computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.
- Members are required to respect and uphold all rights and intellectual property of those whose content is or may be made available using the services provided, which are provided for personal, private and domestic use of the individual or pay-as-you-go member only.
PRIVATE AND PERSONAL USE ONLY.
- Members shall only use the Services for his/her own private, personal and domestic purposes. Members shall in particular not make the Services available and accessible to third parties, such as to an open group of people by exposure or display of the Services in public areas, including but not limited to cinemas, theatres, exhibitions, class rooms, training rooms, internet, show rooms, hotels, clubs, or other public spaces. The receipt or further transmission of content and the use of the services in such areas is illegal and violates Rafa's Vocabulary Ticker rights including but not limited to copyrights and public performance licenses.
- Members acknowledge that the Services may only be used if the legal and technical conditions are fulfilled. It is each members; sole responsibility to make sure that his or her computer, IT systems, software and components fulfill the system requirements in order to be able to use the Services and that the contract between the User and his or her ISP permit the use of the Services, in particular regarding bandwidth use.
- Members are solely responsible for the costs of accessing/using the services provided.
- Members may not link to URLs, use i-frames (or "in page viewers"), access content unless through the browser interface or an approved application or otherwise misuse the service.
RESPECT FOR COPY-RIGHTED MATERIAL.
- Members acknowledges that all Content and applications made available in relation with the services and products provided by this site are subject to copyright and are for private, personal, domestic and instantaneous viewing at the time of receipt. Members may not temporarily or permanently store or copy any of the Content on its hard disk unless in accordance with Section 70 of the Copyright Designs and Patents Act using the provided facilities, or on any other data carriers nor may User otherwise make the services and products and content available to third parties, for instance by modifying, circumventing or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sub-licensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the services and products including conversions of content into other formats, etc.
- Members may not decompile, reverse engineer, disassemble or otherwise intend to make any software used in combination with the Services or available at any time on this website, including the source code, available to third parties, unless where categorically permitted by other agreements. Members further acknowledge and agree that also other third party data published on the Rafa's Vocabulary Ticker website or otherwise made available in combination with the Services and Products may also be copyright protected or otherwise protected by intellectual property rights and members undertake that he or she will not copy or otherwise use such data without the rights holder's consent or otherwise complying with the relevant law (e.g. Section 70 of the Copyright, Designs and Patents Act)
- Legal Boundaries on use of the services and Products.
The use of services and products and in particular the content accessed by Pay-As-You-Go Subscription may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by local laws, etc. Each member is individually and solely responsible for the use, he or she, may make of the site and its content, for their choices of viewing and for the suitability of that content for viewing. In particular, members shall pay particular regard to the protection of minors under their supervision, and shall not permit unsupervised access and take all reasonable steps to protect minors and those with any vulnerability or susceptibility from viewing content unsuited to them. Rafa's Vocabulary Ticker accepts no responsibility or liability for any action, neglect, omission or oversight of the member or of any third party in this respect.
RESPONSIBILITY to protect User's computer & networks.
- Members acknowledge that the internet is an unregulated medium, resulting in a risk to all computers attached or connected to it. It is the members responsibility to protect his or her computer and associated IT systems, equipment on which the Services are used and his or her software against unauthorized access, bugs, viruses, worms, spyware, adware, malware, trojan horses, etc. User has to refrain from any and all activities that may endanger the operability and security of the Services and/or of networks, especially where such are the property of or are used by others (which should always be with their consent).
Members undertake to immediately inform Rafa's Vocabulary Ticker administrators of any defects, disruptions or non-availability of Services which it gains knowledge of and, in particular, of any use of the services that are illegal or in breach of the EULA and/or the Terms of Service on the part of the member (e.g. hackers, abuse of site terms and conditions, linking, etc.).
- Where user generated content may be permitted and reproduced or accessible via this website, the originating user is held exclusively responsible for the contents of such, whether used on the website, in forums, in articles, blogs or reports. Rafa's Vocabulary Ticker does not accept responsibility for such content, whether written, visual or otherwise, and does not moderate, view, regulate or control such contributions save in response to a specific complaint. The user is therefore held responsible for such content, including copyright in any original work, intellectual property, third party rights or whether the contents of such material are inflammatory, racist, promote unlawful or indecent activity or are discriminatory with regard to age, race, gender, colour, religion, sexual orientation, political view or could in any way be construed as offensive by any party.
- Obligation to hold Rafa's Vocabulary Ticker safe. Members shall hold Rafa's Vocabulary Ticker, its parent members and companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, staff, admin, moderators or auxiliary persons harmless from any claims of third parties filed against any or all of the aforementioned parties, arising out of the violation of any of the terms of service and actions of users.
COSTS FOR THE USE OF THE SERVICES.
- The price for the use of the Services is clearly stated on the website and can be altered without any previous notice.
- Rafa's Vocabulary Ticker reserves the right to modify or alter its revenue model at any time.
- Each user is responsible for their own costs of use including, but not limited to, computing resources, network costs, internet access, ISP charges, and those of any telecommunications intermediary involved in the process of making services available.
- Rafa's Vocabulary Ticker is intellectual property.
- Rafa's Vocabulary Ticker is a trademark in various countries and some or all of the technology is subject to Patent Application in the UK, USA and elsewhere. Any use requires the previous written consent of Rafa's Vocabulary Ticker. The software developed by Rafa's Vocabulary Ticker and all data and information displayed on the website or any material so provided is copyright protected or otherwise protected by intellectual property rights and may not be used without the consent of Rafa's Vocabulary Ticker.
- User copyrights. Rafa's Vocabulary Ticker may operate forums, blogs and the like on its Site. Rafa's Vocabulary Ticker does not claim ownership of such content provided by the Members. Notwithstanding, by contributing to such formats, members confirm that he or she are the owners of such content and that it complies with all applicable legal provisions and the Terms of Service. Members grant Rafa's Vocabulary Ticker a world-wide, non-exclusive, sub licensable, transferable and royalty-free license to use, copy, distribute, transmit, process, modify, publicly display and perform or otherwise use such content in any media format, inter alia for promotional purposes or for the improvement and further development of the Services. Members acknowledge and agree that his or her content may have to be modified in order to conform and adapt to technical or other requirements.
Further, by posting any content on the site, or submitting any content to the site, members acknowledge and agree that any of the content provided is not confidential and that Rafa's Vocabulary Ticker may use such content for the afore mentioned purposes without entitlement of compensation to members or liability of Rafa's Vocabulary Ticker. This provision does not apply to personal information which is subject to the data protection provisions as established in these Terms of Service, except to the extent members themselves make such personal information publicly available to third parties by way of the use of services, the site or otherwise.
- Content Copyrights. Nothing shown, contained or referred to within or on this site shall be deemed to infer any claim to ownership of any copyrights or intellectual property in any of the content displayed or available to members.
When using the services, advertisements may be visible and audible on the Rafa's Vocabulary Ticker website. User acknowledges and accepts that Rafa's Vocabulary Ticker is neither responsible nor liable for the content of such advertisements nor for the compliance of such advertisement with applicable laws.Users acknowledge and agree that Rafa's Vocabulary Ticker is neither responsible nor liable for the content of such advertisement nor for the compliance with applicable laws.
THE DATA PROTECTION.
User is aware that the use of the Internet can never be 100% secure and that there are certain inherent risks for the protection of personal data. Rafa's Vocabulary Ticker shall exercise reasonable diligence to protect personal data but it cannot guarantee or warrant that data provided by the User to Rafa's Vocabulary Ticker is safe and protected from unauthorized third party access and no liability is accepted in this respect.
When subscribing to or using the services, certain personal data may be collected and processed in accordance with established European standards of data protection. Collected personal data includes or may include in the future, name and address, age, gender, income, education, hobbies and preferences and IP address.
All Members acknowledge and agree that Rafa's Vocabulary Ticker, by way of setting cookies*, may collect data on usage of the Services by User such as IP address, duration of a session and page views on the Rafa's Vocabulary Ticker website. Such data is not necessarily retained, neither is it necessarily retained within the country in which the individual member resides.
(*) Cookies are small packages of data stored on User's computer and memorized by the member's browser. Cookies allow faster navigation on websites, allow a personalized access of User in accordance with preferences and needs and prevent misuse of Rafa's Vocabulary Ticker website. Members may at all times erase cookies from their computer by using the respective functions of the browser. Members acknowledge and accept that the removal of cookies may have an impact on the performance of the services. Notwithstanding the disabling of the cookies, members' may remain traceable through use of their individual membership details (such as username and password).
By subscribing to the services, members acknowledge and agree that the aforementioned personal data is collected and processed for general information purposes, for marketing purposes of Rafa's Vocabulary Ticker, its parent sites, affiliates and subsidiaries and for the improvement of services.
Additionally, members acknowledge and confirm that Rafa's Vocabulary Ticker may make such personal data available to state authorities in the event of illegal activities, violations of the EULA and/or the Terms of Service or in case public security is at risk. Such personal data may be stored by Rafa's Vocabulary Ticker in accordance with and for the duration established in the provisions of data protection provisions established within the EU and it may be deleted by Rafa's Vocabulary Ticker in accordance with such provisions, subject to compulsory legal provisions or orders from national authorities such as courts requiring Rafa's Vocabulary Ticker to store and maintain such personal data at the disposal of the authorities.
Members may at all times request access to the personal data collected and if inaccurate they may request that such collected personal data is corrected, that the collection of personal data is blocked or that the collected personal data is erased, subject to legal provisions or orders from state authorities such as courts requiring Rafa's Vocabulary Ticker to store and maintain such personal data at the disposal of the authorities.
The above notwithstanding, nothing contained within these terms and conditions shall be construed as indication or confirmation that any personally material, data or record is or may be kept that may or could personally identify any specific user, their location, or any aspect of their activity using their membership account with this site.
DISCLAIMER REGARDING REPRESENTATIONS AND WARRANTIES
- Members acknowledge and confirm that the use of the services and products is at the member's sole discretion and risk and that they employ suitable and up to date virus checking software.
A) Rafa's Vocabulary Ticker does not represent, warrant or claim, whether expressly or implied that it has any or all right and title to the services or that any specific service that is or may be provided do not necessarily violate third party rights.
B) The Services including the software provided by Rafa's Vocabulary Ticker or by suppliers authorized by Rafa's Vocabulary Ticker available by third parties is provided "as is". Rafa's Vocabulary Ticker makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services or lawfulness as to use.
C) In particular, but not limited to the following examples, Rafa's Vocabulary Ticker does not represent, warrant or claim that the Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, adware, malware, unauthorized third party access (e.g. hacking) or that they are appropriate for the purposes of User. Rafa's Vocabulary Ticker does not represent, warrant or claim that any defects, errors etc. or any other disadvantages of the Services will be corrected. Further, Rafa's Vocabulary Ticker does neither represent, warrant nor claim the continuous and uninterrupted accessibility and availability of the services; neither the timely provision of the services nor the error-free transmission of both services and content without loss of data packages etc.
D) Rafa's Vocabulary Ticker does not represent, warrant or claim, whether expressly or implied that the content or other third party content provided via the services not infringe any third party rights. Rafa's Vocabulary Ticker does not warrant or assume responsibility for any product, application or service advertised or offered by a third party in combination with the use of the services or displayed on the site or otherwise made available for access.
Rafa's Vocabulary Ticker is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the member's personal details provided for the purpose of login.
LIMITATION OF LIABILITY.
RAFA'S VOCABULARY TICKER REFUTES ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER NON MATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICE, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE IS FULLY WAIVED.
IN NO EVENT SHALL RAFA'S VOCABULARY TICKER, ITS AFFILIATES, PARENT SITES, COMPANIES AND THEIR AFFILIATES, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AUXILIARY PERSONS BE LIABLE FOR ANY OF THE AFOREMENTIONED EVENTS OR FOR THE INABILITY TO USE THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM THE USE OF THE SERVICE, EVEN IF RAFA'S VOCABULARY TICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, RAFA'S VOCABULARY TICKER SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE UNLAWFUL USE OF THE SERVICE OR FROM USE WHICH IS NON-COMPLIANT WITH THE EULA AND/OR THE TERMS OF SERVICE.
RAFA'S VOCABULARY TICKER SHALL NOT BE LIABLE FOR ANY ACTIONS, NEGLECTS OR OMMISSIONS OF THE USER WHICH ARE CONTRARY TO THE APPLICABLE LAWS, THE EULA, TERMS OF SERVICE AND ANY OTHER APPLICABLE PROVISIONS OR FOR ANY USE OUTSIDE OF THE TERRITORY. RAFA'S VOCABULARY TICKER SHALL NOT BE LIABLE FOR ANY CONTENT AS DEFINED ABOVE, FOR ANY ADVERTISEMENTS OR FOR ANY THIRD PARTY CONTENT TRANSMITTED BY WAY OF THE SERVICES OR OTHERWISE MADE AVAILABLE ON ITS WEBSITE ETC.
THE RIGHT OF USER TO SEEK RELIEF OR REMEDY WITH REGARD TO THE SERVICES IS LIMITED TO UNINSTALLING ANY DOWNLOADED AND TO CEASING THE USE OF THE SERVICE. NOTWITHSTANDING THE ABOVE, RAFA'S VOCABULARY TICKER MAY CHOOSE AT ITS OWN AND ABSOLUTE DISCRETION, TO PROVIDE USER WITH A SERVICES THAT IS FREE FROM DEFECTS.
Any claims in respect of Rafa's Vocabulary Ticker must be notified at the time of such claim allegedly arising, or as soon as reasonably practicable thereafter, in writing, addressed in the first instance by email or contact form to the contact details provided in the "Contact Me" section of this website.
TERM AND CESSATION OF USE OF SERVICES.
A) Duration: The right to use the Services is granted as from the date on which member accepts the Terms of Service and first accesses the website. Such right is granted for an unlimited period of time, subject to the limitations of the paid-fee membership, the compliance of applicable law and the EULA and/ or the Terms of Service by each member.
B) Cessation: Members may cease the use of the Service at all times, in which case they are required to permanently remove any software they may have downloaded for use in combination with any of the services provided.
C) Rafa's Vocabulary Ticker: May at any time discontinue the provision of the Services or of part of it without having to notify members, without having to give any reason for the cessation of the Services to members and without giving right to any claim for compensation to members. Upon notice of cessation by Rafa's Vocabulary Ticker, members must immediately cease all use of the Services and completely erase all copies of any relevant software in User's possession or control. Members acknowledge that Rafa's Vocabulary Ticker will not be liable for any damages caused by cessation of the Services.
1. Non Transferability: Members may not assign or transfer any rights or obligations arising out of these Terms of Service to any third party. Rafa's Vocabulary Ticker may assign any rights and obligations arising out of these terms of service including the provision of certain or all services or parts of it without the consent of the members concerned.
2. Modifications, alterations and amendments: Rafa's Vocabulary Ticker reserves the right to modify and to amend these terms of service at all times and at its sole discretion without having to notify members of any such modifications or amendments. The actual and legally binding version of the terms of service is published on the Site and is valid as of the date of its publication. It is the member's sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.
3. Severability: Should any provision of these terms of service be deemed invalid, void or unenforceable all other aspects of the terms of service shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision, which best reflects the purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual omission.
This agreement shall be governed by and construed in accordance with the substantive laws of the country of incorporation, the United Kingdom. User hereby consents to and irrevocably submits to the exclusive jurisdiction of the UK courts. Not withstanding the above, Rafa's Vocabulary Ticker may, at its own election, choose to bring any action against members in the courts of the country in which the member is domiciled.
SPECIAL MEANINGS AND JARGON.
"Accessories" shall mean any additional software application that modifies the use of the downloadable Assistant that facilitates or makes available additional functionality which may be provided by this website or by independent third parties over whom this website has no control.
"Assistant" shall mean any software application provided at time of signup or subsequently, which can be downloaded from the Site, which enables registered Users to use this website for additional purposes to be specified at the time of launching such facilities.
"Content" shall mean all data that is provided directly or indirectly to the user, including but not limited to images, sounds, text, multimedia applications such as video and audio, software and any other applications including all software used within the site itself and any updates, releases or developments thereof.
"EULA" shall mean End User License Agreement, as amended from time to time, whether issued by this site at the present or any subsequent time or by any affiliate or content provider.
"ISP" shall mean internet, telecommunications, cable or other network service providers, as used by User in order to access the Internet and use the Services provided by this website.
"Licence" means any licence, authority or permit lawfully held by any user, or otherwise required to be held by any User, for the reception of language learning material.
"Recording" Rafa's Vocabulary Ticker website and downloadable applications may allow Members to record or copy material, although members may at some stage be provided access to utilities that may allow them to record content in their domestic premises, for personal and private use. Such a facility is permitted under the "home copying exemption" detailed in Section 70 of the Copyright Designs and Patents Act 1988.
"Residence" means the territory/country in which the User resides and in which the User is situated at the time of accessing this website.
"Services" shall mean:
- The Site and/or the Assistant an/or any Accessories and
- The services provided through the Site and/or the Assistant an/or any Accessories and
- All Content made available through the Site and/or the Assistant an/or any Accessories are, as amended, expanded, modified or reduced from time to time.
"Site" shall mean www.rafas-vocabulary-ticker.com, or www.rafasvocabularyticker.com or any other webpage therein or any other website or webpage determined by Rafasvocabularyticker.com such Learn-portuguese-with-rafa.com.
"Territory" is the country or countries in which the User is lawfully entitled to use the Services by virtue of Residence or Licence.
"Terms of Service" shall mean General Terms and Conditions of Use, as amended from time to time and as detailed below.
"Rafas Vocabulary Ticker" shall mean Rafas-vocabulary-ticker.com, Rafasvocabularyticker.com and all associated and affiliated websites, domains and businesses owned, managed and controlled by Rafael Tavares or their successors, partners, agents, consultants, staff, advisers, suppliers, associates, affiliates or any other party involved in the site or the business relating to the site.
"Member" is a private person of legal age and/or with sufficient legal capacity to conclude agreements, who has read, understood and accepted the EULA and Terms of Service and who will use the Services for private use only in the area in which the content being watched is intended to be viewed, subject to the EULA and Terms of Service.
"Member ID" are identifiers specific to the User including but not limited to User's e-mail address, User names, passwords etc. that are required to access certain parts of the Site and/or to use the Services. Rafa's Vocabulary Ticker may amend, modify, expand or reduce the User ID conditions at any time.