MoveToSetúbal (“MoveToSetúbal”, “MoveToSetúbal.com”, “we” or “us”) is a directory of places, services and events focusing primarily upon the Setúbal District of Portugal and nearby cities and towns. We (including Kenneth J. Mitteldorf, a citizen of the United States of America and a resident of Portugal, and any persons and/or entities who may from time-to-time be associated to provide specific services) operate the MoveToSetúbal website at MoveToSetúbal.com (the “Site”) and all related websites, software, mobile apps, and other services that we now or hereafter provide (together, the “Service” or “Services”) with the dual goals of 1) encouraging English-speakers to visit or make their homes in and around the Setúbal District of Portugal and 2) encouraging businesses in and around the Setúbal District to provide appropriate services to their English-speaking customers so as to make their businesses attractive to such customers. We do this by offering a technology platform that we make available to our users so they can publish listings profiling their business or service, to promote events, or to advertise property available for rent, to search for a such listings, and to engage in discussions related to those listings. MoveToSetúbal is limited to facilitating contact between users offering goods, services, entertainment, or information and those who are looking for those offerings. MoveToSetúbal does not have any involvement in any transactions that may arise from such contact. We are only a simple intermediary, aiming to facilitate contact between people.
Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and MoveToSetúbal to be bound by these Terms and Conditions.
Before visiting, browsing or using the Site, you must read and accept the following terms and conditions. The use of the Service implicitly constitutes the user’s acceptance and compliance to these general conditions.
We reserve the right to modify these general conditions of service at any time; so you should periodically check for any changes made to these conditions when accessing the Site. If, at any time, you decide not to accept the general conditions of service, you must immediately stop using the website. Any condition or clause that you may propose and that may represent an addition or contradiction of these general conditions of service will not be taken into account by us, and will have no validity between you and us.
For the purposes contained in these general conditions, the status of User shall be acquired by any person using the Service, whether this should require previous registration or not.
Generally speaking, user registration will not be necessary to access the Service. However, use of certain service functionalities may be subject to the user’s prior registration, and subsequently the reading and understanding of information pertaining to data protection will be necessary.
THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 20 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.
The Service is designed for use by people who are at least 18 years old. If you are not yet 18, then you can’t use the Service. If you are 18 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around discovery and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at [email protected]úbal.com. You can also reset your password via the link found on our login screen and elsewhere on our Site.
Conditioned on your continued compliance with these Terms, we grant you permission to access the Services only for your personal use and, if you are using the Service on behalf of a company, organization, or other kind of entity, we also grant you permission to access the Service with respect to information specifically related to that company, organization, or other entity.
You acknowledge and agree that the entire Site, containing but not limited to, text, software, content (including its structure, selection, arrangement and presentation) photographs, audiovisual material and graphics (the “Service”) and all comments and ratings (individually and collectively) that are published by our users, is protected by trademark, copyright and other legitimate rights belong to MoveToSetúbal and/or others, registered in accordance with the international treaties to which Portugal is a party, and other proprietary rights and laws of Portugal.
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Agent at:
MoveToSetúbal, Av. Bento Gonçalves 30, 9-dto, Setúbal 2910-431, Portugal
E-mail: [email protected]
Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:
You can find a complete statement of our Intellectual Property Infringement Policy at http://movetosetubal.com/intellectual-property-infringement-policy/.
We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.
You may find tools on the Service that let you send information, including User Content, to other companies’ services, or to advertisers or other users of our site. For example, you may find features that allow you to link your account on the Service with an account on another service (e.g., Facebook or Instagram or the implementation of other companies’ like or share buttons), or that allow you to contact a business or another user to request additional information. If you use these tools, you permit us to send this information to the other companies’ services or to the designated other user, and you acknowledge that we are not responsible for the other companies’ or user’s use of this information. You further authorize us to utilize your requests for additional information for our own marketing purposes, to send you additional related marketing materials, and to share your request with our advertising partners. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to https://MoveToSetúbal.com/account/close.
We may update, modify, or even discontinue the Service at any time without notice to you.
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
Kenneth J. Mitteldorf, doing business as MoveToSetúbal.com, Inc. owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of User Content, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED IN SECTION 19, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge that your use of the Service is at your own risk and responsibility, and accept that the Service and any part therein, including but not limited to the content, services, goods or advertisements (the “items”) are provided “as is”, and that MoveToSetúbal does not implicitly or explicitly guarantee the items therein, including elements, among others – the infringement, title or suitability for a purpose or particular use. MoveToSetúbal does not guarantee that the Service is compatible with the user’s computer hardware or software, nor that the Service does not have any errors, viruses, worms or “trojan horses”, and cannot be held liable for any damages that may be caused by such destructive elements.
You acknowledge that MoveToSetúbal, its suppliers and agents are not responsible for (i) damages, whether caused by the negligence of MoveToSetúbal, its employees, contractors, agents, suppliers or whether arising in connection with the Service, (ii) any loss of profits, general loss, indirect or collateral damage, or (iii) failures, discrepancies, omissions, delays or other errors in the Service caused by its computer or use of the Service through said equipment. The content of other websites, goods or advertisements that may be linked to or from the Service is not managed or controlled by MoveToSetúbal. MoveToSetúbal cannot, therefore, be held responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or advertised on the Service. MoveToSetúbal (a) does not guarantee, either explicitly or implicitly, the use of the links provided in or to the Service, (b) does not guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Service, (c) does not promote implicitly or explicitly other websites, services, goods or advertisements that may be linked to the Service. Furthermore, MoveToSetúbal is not responsible for the accuracy or continued availability of the telephone lines and equipment the user may use to access the Service. The user understands that MoveToSetúbal and/or contributors to the Service may terminate access to content (of those other websites, services, goods or advertisements) at any time.
You acknowledge and agree that any contractual or non-contractual dealings which might be undertaken with advertisers or third parties contacted through MoveToSetúbal.com, are considered to be made solely and exclusively between You and the advertiser and/or third party. Accordingly, You agree that MoveToSetúbal.com does not have any responsibility for damages or losses of any kind incurred as a result of your negotiations, conversations and/or contractual or non-contractual communications and agreements with advertisers or physical or legal third parties.
MoveToSetúbal aims to provide updated information through its website. This information may vary with some frequency, so it is advisable to independently confirm that the information contained on the Site is still up to date.
MoveToSetúbal strives to ensure the accuracy of the information listed or advertised on the Site, as well as information regarding the users and advertisers on the Site. However, MoveToSetúbal cannot guarantee the absolute authenticity and accuracy of this information, as the data provided might contain some errors.
Prices and other information displayed in MoveToSetúbal do not constitute a contractual offer, and are published for information purposes only.
MoveToSetúbal cannot be held responsible for the existence of mortgages, liens, surveys or any other condition that the properties included on the Site may be subject to.
Without prejudice to the provisions of this legal notice, MoveToSetúbal declares that it is not responsible for the property information included on the website. The property information offered in accordance with the provisions regarding the protection of consumers in terms of the information provided in the sale and rental of housing, shall be made available to buyers in the respective real estate agent offices, or should be provided directly by the properties’ owners.
You acknowledge that MoveToSetúbal may receive payment from its advertisers or others for the services it provides. Such payments may include fees for display advertising on a flat fee basis, subscription fees, pay-per-click, pay-per-view, percentage commissions, various “affiliate marketing” arrangements, referral fees, or other compensation methods. You acknowledge and agree that MoveToSetúbal’s receipt of such payments shall not be deemed to create an agency, partnership, or representative relationship of any kind, nor shall MoveToSetúbal be obligated to make a separate or contemporaneous disclosure of such payments. Under no circumstances will MoveToSetúbal become your agent, partner or representative, nor owe you any fiduciary duty, and you agree not to rely upon MoveToSetúbal in such manner.
MoveToSetúbal, its management and employees, general partners, affiliates, subsidiaries, successors, assignees, and agents will not be held responsible, neither directly nor indirectly, in any way, to You or any other person for : (i) errors and omissions of the Service, (ii) delays, errors or interruptions in the transmission or delivery of the Service, or (iii) loss or damages caused, or for any other circumstances derived from perceived breach of contract.
For no reason, including but not limited to negligence, will MoveToSetúbal, have liability to You or any other user for any direct or indirect damages caused, even in the event that an authorised representative of MoveToSetúbal has been aware of the possible occurrence of such damages, derived from the use or inability to use the Service or any link or element in the provision of the Service, such as loss of revenue, loss of anticipated profits or loss of customers. Under no circumstances will the total civil liability of MoveToSetúbal to You or any other user for all damages, losses and rights to claim (including contractual or possible tort, and involving, without limitation, negligence) exceed the amount the user paid, if existent, for accessing these web pages, or US$100, whichever amount is greater.
MoveToSetúbal excludes any liability for damages of any kind that may result from the transmission, diffusion, storage, availability, reception or access to services, particularly, though not exclusively limited to, damages that may result from (a) breach of the law, immoral acts or acts not considered as generally accepted principles of morality and good conduct, or acts against public order, as a result of the acquisition, use or access to services; (b) the infringement of intellectual property rights, trade secrets, contractual commitments of any kind, the right to honor, personal and family privacy and image of persons, property rights and all other rights belonging to a third party as a result of misuse of the Services, (c) engaging in acts of unfair competition and illegal advertising as a result of the use of the Services, (d) unsuitability for any purpose and the disappointment of the expectations generated by the Services, (e) failure, delay in performance, defective performance or termination for any reason of the obligations of third parties and contracts with third parties through or in connection with access to the Services.
MoveToSetúbal will not be held responsible for communications that might occur between users, nor the agreements that might be reached as a result of the offers that appear on the Site.
MoveToSetúbal will comply with all the due diligence that it deems necessary in cases where it becomes aware of potential fraudulent actions or crimes that are being committed through its platform. In this regard, MoveToSetúbal will actively collaborate with the police and the pertinent legal authorities for the prosecution of such illegal activities.
The Service is offered by MoveToSetúbal, attn.: Kenneth J. Mitteldorf, Av. Bento Gonçalves 30, 9-dto., Setúbal 2910-431, Portugal. You can reach us by sending letters to our address or by emailing us at [email protected]úbal.com.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
MoveToSetúbal may also make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (“Cookies”) on your computer or other devices used to access the MoveToSetúbal Services. Cookies are small bits of information that are automatically stored on the web browser of your device that can be retrieved by us. The type of information we collect includes, but is not limited to, uniquely identifying visitor information and information related to your usage preferences. We use these technologies to help us recognize you as a user, collect information about your use of the MoveToSetúbal Services to better customize our services and content for you. By using the MoveToSetúbal Services, you acknowledge and agree that we may collect and/or transmit any data collected to our third-party service providers, such as analytics providers, mapping services, payment processors, and website security services, which may also make use of such technologies described above. Please note that if you block or delete cookies you will not be able to use some or all of the MoveToSetúbal Services.
Our website uses the following types of cookies:
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The owner of this website may be contacted regarding cookies at this address: [email protected]
Links of interest: guide to behaviour-based advertising: https://www.youronlinechoices.com
We remind you that you have a right of access to your personal data held in MoveToSetúbal.com’s files, and to correct this information if erroneous, to delete or to oppose its treatment through the email: [email protected], indicating in the subject field “deletion of personal data”, or by written communication (including a photocopy of identity card) sent to the MoveToSetúbal, attn.: Kenneth J. Mitteldorf, Av. Bento Gonçalves 30, 9-dto, Setúbal 2910-431, Portugal. MoveToSetúbal may from time to time implement additional methods by which users can access, correct, or request or effect the deletion of their personal data.
By continuing to access our Site, you hereby accept the terms and conditions of our data protection policies, the current copy of which may be found at http://movetosetubal.com/privacy-policy.
MoveToSetúbal reserves the right to modify its data protection policy at its discretion, or as a result of changes in legislation, jurisprudence or business practice. The new text will be published, together with the corresponding notice, in order that you may be aware of the revised data protection policy.
These Terms & Conditions were last updated on March 19th, 2019. v1.0