Time Out Market Lisbon – Terms and Conditions of Use for Visitor Wi-Fi
This is a contract (the “Contract”) entered into between the user of the Service (“user”, “your”) and MC Mercados da Capital LDA, whose registered office is at Rua D. Luís I, 19, 2ºdto, 1200-149 Lisbon, (“Time Out Market”, “we”) for access to wireless broadband internet and all its functionalities (the “Service”). This high-speed internet access Service is provided by Time Out Market and its underlying service providers (the “Providers”). The Service is provided by Time Out Market free of charge. As a condition of accessing this service, you must agree to the following terms and conditions of use (“Terms of Use”). If you do not agree to the Terms of Use, you may not access or use the Service. If you click “accept” at the bottom of these Terms of Use or use the Service, you will be deemed to have indicated your acceptance of these Terms of Use.
Service Availability:
The User is responsible for ensuring the compatibility of their Unit with the Service. The availability and performance of the Service are subject to all memory, storage, and other limitations of the Unit. The Service is available to your Unit only when you are within the operating range of our system and/or directly connected. The Service is subject to availability, and Time Out Market does not guarantee that access to or use of the Service will be uninterrupted or error-free. The Service may be unavailable from time to time (including due to emergencies, placement failures, transmission and equipment limitations or maintenance and repair, and any other reason beyond Time Out Market’s reasonable control) and may be interrupted, refused, limited, or reduced. We are not responsible for any data, messages, or pages that you may lose or be misdirected due to interruptions or performance issues in the Service or wireless communication networks in general. We may impose usage limits on the Service, suspend the Service, or block certain types of use, at our sole discretion, to protect users, our business, or the public in general, or if you violate any term of the Agreement. Network speed does not indicate how fast your drive or service sends or receives data. Actual network speed will vary based on drive configuration, compression, and network congestion.
Security:
The User expressly acknowledges and agrees that there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information over the Internet, regardless of whether the Internet connection is facilitated through wired or wireless technology. These security issues range from interception of transmissions and data loss to the introduction of viruses or other programs that may damage your computer or network. Therefore, the User agrees that neither Time Out Market nor its providers will be liable for any interception of transmissions, data loss, file corruption, hacking, or damage to your computer or network resulting from the transmission or downloading of information or materials through the Service.
Usage Restrictions:
The User agrees not to use the Service to:
a) resell any aspect of the Service, whether for profit or not, or authorize or permit any other individual or entity to use the Service;
b) for any fraudulent, illegal, harassing or abusive purpose, or in a way that creates harm or risk to our business, reputation, employees, subscribers, facilities and third parties or the public in general;
c) transmit any material that is illegal, threatening, abusive, hostile, tortious, defamatory, obscene, libelous, invasive of another person’s privacy, racially, ethnically or otherwise objectionable;
d) harm, or attempt to harm, minors in any way;
e) impersonate any person or entity or falsely use or misrepresent your affiliation with a person or entity; forge headers or manipulate identifiers to disguise the origin of any material transmitted through the Service;
f) transmit any material that you do not have the right to make available under any law;
g) transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
h) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
i) transmit any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment;
j) publicly disclose any username and password provided by or on behalf of Time Out Market or share them with any person; and
k) use the Service for excessively high volume data transfers.
Disclaimer of Warranties:
The materials available through the service and from third parties are provided “as is” and “as available,” without warranties or conditions of availability and without guarantees or conditions of any kind, express or implied. Neither Time Out Market nor the providers make any warranty or representation as to the accuracy, completeness, reliability, or usefulness of the information distributed through the Service. To the maximum extent permitted by applicable law, the providers and Time Out Market expressly disclaim all warranties and conditions of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Time Out Market and the providers do not warrant that the service will be uninterrupted, timely, secure, or error-free, or that software defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. Time Out Market or its suppliers make no warranty regarding any goods or services or the delivery of any goods or services purchased or obtained through the service or advertised through the service, or relating to any transactions entered into throughout the service. No advice or information, whether oral or written, obtained by the User through the service will create any warranty not expressly stated herein.
Time Out Market or its providers do not control or are in any way responsible for the data or content that the User accesses or receives through the Service. The internet contains unedited material, some of which is sexually explicit or may be offensive to the User. Time Out Market and its providers have no control over and are not responsible for such material or content accessed through the service (and do not guarantee that it is free from errors or viruses).
Limitation of Liability:
To the maximum extent permitted by applicable law, under no circumstances, including but not limited to negligence, shall Time Out Market or its providers be liable for any direct, indirect, incidental, special, or consequential damages, including, but not limited to, damages for loss of profits, use, data, or other intangibles, even if Time Out Market or its providers have been advised of the possibility of such damages, arising out of the use of or inability to use the service, any changes to the service, or unauthorized access to or alteration of your transmissions or data.
You specifically agree that Time Out Market and its providers are not liable to you or any other person for any threatening, defamatory, obscene, offensive, tortuous, or illegal conduct by you or any other party, or any violation of third-party rights, including intellectual property rights, arising out of, relating to, or connected with the Service. You are solely responsible for your own conduct in using this service and will indemnify and hold harmless Time Out Market and its providers from any claims, liabilities, damages, or costs arising out of your conduct in using this service. If you are dissatisfied with the service, the materials available on or through the service, or any provisions of this legal notice, your sole and exclusive remedy is to discontinue use of the service. Time Out Market does not exclude its liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.
Changes to the Service:
Time Out Market reserves the right to withdraw the Service at any time, change the specifications or manner of use of the Service, change access codes, usernames, passwords or other security information necessary to access the Service.
Privacy and Security:
Time Out Market cannot guarantee the security of your data when using the Service and will not be liable for any unauthorized access to your data in connection with your use of the Service. While we offer support for customer security solutions such as virtual private networks, encryption, and personal firewalls, we do not provide these solutions to the User. If you wish to benefit from security solutions or antivirus software, you will need to purchase and pay for them.
Data Protection:
Any personal data you submit to Time Out Market in connection with the Service will be stored and used in accordance with our privacy policy. Click here to view our privacy policy: https://www.timeoutmarket.com/lisboa/politica-deprivacidade/. We may share your personal data for the purpose of providing the Service, for example, within our group companies (including, but not limited to, Time Out Digital Limited and Time Out Group Limited and their affiliated companies) and with third parties acting as data processors, including our third-party Service provider, SplashAccess, in accordance with applicable law. We may use your personal data to send you marketing information and news about Time Out Market products and events. You may opt out of this communication at any time by emailing us at privacy@timeout.com. We may also share your personal data with law enforcement authorities, government agencies and rights holders in the investigation of any illegal activity carried out by you. To access, correct, and/or modify the personal information that Time Out Market holds about you, and to contact Time Out Market regarding these Terms of Use, please send an email to privacy@timeout.com.
Other:
This Contract is governed by the laws of Portugal. The parties irrevocably submit, to the extent permitted by applicable law, to the exclusive jurisdiction of the Courts of Lisbon, Portugal. If any provision of this contract is deemed null, invalid or inoperative, the remaining provisions of this contract shall remain in full force and effect, and the invalid part of any provision shall be deemed modified to the least extent necessary to remedy such invalidity.
