By joining, or each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at email@example.com or by post to Electric Visionary Aircrafts at 3B, José Vicente Gonçalves, 2840-754, Aldeia de Paio Pires. If we have to contact you or give you notice in writing, we will do so by email or post to any (email) address you provide to us.
The key terms you should consider are the limitations on liability contained in the sections titled Disclaimer of Warranties and Limitation of Liability.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and licence in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same licence terms. The rights granted under this section 2 will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. The content is provided “as is,” and your use or reliance on such materials are solely at your own risk.
Modifications To Terms.
We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To the Services.
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Sites or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Vox Media, Inc. exercise its right to modify, suspend or discontinue the Services.
We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited licence to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants.
Restrictions and Commercial Use.
Other than as set provided for in these Terms: You may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicence or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, not to interfere with the operation of the Services. Your use of the Services must comply with our policies.
Disclaimer of Warranties.
You expressly agree that use of the services is at your sole risk. We provide the Services on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to the Electric Visionary Aircrafts SA network (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement).Electric Visionary Aircrafts makes no warranty that the Electric Visionary Aircrafts SA network will meet your requirements, or that the services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the Services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. you understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Electric Visionary Aircrafts SA or through the Services shall create any warranty not expressly made herein.
You represent and warrant to us that execution, delivery and performance of any aspect(s) of these terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.
Limitations of Liability.
Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under Portuguese law. We are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. However, you understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network. Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
Trademarks & Patents.
Electric Visionary Aircrafts, Electric Visionary Aircrafts design, our site names and logos, as well as certain other names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Copyrights; Restrictions on Use.
The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under Portugal and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. You acknowledge that you have no right to have access to all or any part of the Services in source code form.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
Governing Law and Jurisdiction.
For users outside of the European Union: these Terms and the relationship between you and us shall be governed by the laws of Portugal as applied to agreements made, entered into, and performed entirely in the notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Lisbon, Portugal, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
For users in the UK and within the European Union: these Terms are governed by Portuguese law and we both agree to submit to the nonexclusive jurisdiction of the Portuguese courts. If you are resident in another country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.
Entire Agreement. These Terms, together with the terms of any end user licence agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (for example, terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent. Conflicts. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For users outside of the European Union Only. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect. Survival. The terms of sections 2 and 12 through 20 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
Our Relationship. Both parties are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.
We will only process your Personal Data in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Electric Visionary Aircrafts SA, 3B, Rua José Vicente Gonçalves, Aldeia de Paio Pires – Portugal, 2840-754.
Information We Automatically Collect
We and our third-party service providers use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Services, to gather demographic information and to target advertising to you on the Services and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Data.
Information You Choose To Submit
We use the information we collect, including Personal Data and Usage Data:
• to enable you to use our Services, to process information you provide via our Services (including verifying that your email address is active and valid);
• to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys (with your consent) and processing survey responses;
• to provide you with information, products, or services that you have requested;
• to receive and process job applications for jobs with us;
• with your consent, to provide you with information, products, or services that we otherwise believe will interest you, including special opportunities from us;
• to tailor content, recommendations, and advertisements we and third parties display to you, both on the Services and elsewhere online;
• for internal business purposes, such as to improve our Services;
• to comply with regulatory and legal obligations; and
Our Information Sharing Practice
(a) Generally. We share Non-Personal Data, including Usage Data, de-identified Personal Data and aggregated user statistics, with third parties in our discretion. We share User Information, including Personal Data, as otherwise described in this Policy, and under the following circumstances:
When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third-party. We may create anonymous data from the Personal Data we receive about you and other individuals whose Personal Data we collect. Anonymous data will include analytics information and information collected by us using cookies. We make Personal Data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to our Services.
Choice/Opt-Out From Communications
Retaining, Modifying and Deleting Your Personal Data
You may access the information we hold about you. If you wish to exercise this right, please contact us by email at firstname.lastname@example.org. If you delete certain information you may not be able to order services in the future without re-submitting such information. We will comply with your request as soon as reasonably practicable. Also, please note that we will maintain Personal Data in our database whenever we are required to do so by law.
EU Data Subject Rights
If you are a resident of the European Economic Area (EEA), you have the right to: (a) request access to your Personal Data and rectification of inaccurate Personal Data; (b) request erasure of your Personal Data; (c) request restrictions on the processing of your Personal Data; (d) object to processing your Personal Data; and/or (e) the right to data portability (“collectively, “Requests”). We can only process Requests from a user whose identity has been verified. To verify your identity, please provide your email address or [URL] when you make a request. For more information about how to get access to Personal Data and for exercising your rights, you can submit a request here by contacting us by email at email@example.com with the subject “I am an EU resident and would like to exercise my individual rights” option. You also have the right to lodge a complaint with a supervisory authority. To view additional information about behavioral advertising and manage your preferences, you can do so by visiting: http://www.youronlinechoices.eu/.
The Services contain links to other websites that we do not control, and the Services contain videos, advertising and other content hosted and served by third parties. We are not responsible for the privacy practices of any third-party.
The Services are intended for a general audience and are not intended for and should not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in the Contact Us section below. We will delete such information from our files as soon as reasonably practicable.
Sensitive Personal Data
Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal data as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.