Os termos de utilização do site www.fbranktp.com são apresentados em Inglês dado serem aplicáveis à rede global de sites e serviços online prestados pela dJomba a nível nacional e internacional.
Caso pretenda ler a versão em Português, clique aqui
rankU Pt - Terms of Service January 2011
This document describes and contains the Terms of Service (“Terms”) set by dJomba - Desenvolvimento e Consultoria de Conteúdos Multimédia Lda. ("dJomba") for the free of charge access and usage of Websites, including without limitation www.djomba.com, www.rankupt.com, www.bomb-express.com and their Social Networking Components (“SNCs”) created and maintained by dJomba and is a legally binding agreement that governs your use of this Websites and SNCs (“Service”). By using or accessing the Service, you agree to be bound by these Terms.
TERMS SUBJECT TO CHANGE
dJomba reserves the right to change the Terms of Service in any way and at any time. dJomba will communicate changes to the Terms in our Websites and SNCs and, whenever possible, we will send all users an e-mail message with information about the new Terms and a link for the webpages in which the new Terms are explained. You agree that you will, 1) periodically check the Websites and SNCs that you use for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them on the Websites and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
dJomba also reserves the right to, with or without notice to you, temporarily or permanently modify or discontinue all or any part of the Websites and SNCs and to charge or modify fees in connection with the use of all or any part of the Websites and SNCs. You agree that dJomba shall not be liable for any modification, suspension or discontinuance of all or any part of the Websites and SNCs or services, contents and features offered through them.
Your continued use of all or any part of the Websites and SNCs following the posting of changes to these Terms will mean you accept those changes. Any new features or updated content or applications that we make available in connection with the Websites and SNCs will be subject to these Terms. BY USING THE WEBSITES AND SNCs, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE WEBSITES AND SNCs FOR ANY PURPOSE.
INTELLECTUAL PROPERTY, COPYRIGHT & TRADEMARKS
Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by dJomba, with all rights reserved, and are protected by law from unauthorized use. The entire contents of the Service are protected under the intellectual property laws of Portugal and the international legal instruments governing intellectual property when and if applicable.
dJomba’s name and logo, and all Websites and SNCs names and logos (like “FbRank Pt”, “Bomb Express”, among others), are trademarks of dJomba and may not be used without the express written permission of dJomba.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of dJomba.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to dJomba in connection with the use of the Service shall be the exclusive property of dJomba. You agree that unless otherwise prohibited by law dJomba may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
dJomba will terminate your access to all or any part of the Websites and SNCs, without notice to you, if you infringe or misappropriate any intellectual property rights, including copyrights, of dJomba and others entities.
You are granted a limited revocable license to post images or screen shot from the Websites, SNC and your account on the dJomba Websites and SNCs, and any other materials that dJomba specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site:
(i) is not commercially competitive to dJomba,
(ii) does not criticize or injure dJomba,
(iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and
(iv) does not charge for access to such content or associated products, services or advertising with such content,
(v) and as long as the web site where the link resides complies with all applicable laws and does not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, posts, publishes, distributes, disseminates or facilitates any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”).
All of dJomba's rights and remedies are expressly reserved, including the right to revoke the limited license granted under this agreement, in whole or in part, upon notice.
Whenever you post a screen shot of your account on an Authorized Web Site you must display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted and agree to include, and not remove or alter, dJomba's trademark, copyright or other proprietary rights notices, as provided by dJomba on the Service and you also agree to comply with usage guidelines that may be provided by dJomba from time to time.
You agree that all goodwill that arises in connection with your use of dJomba's trademarks inures exclusively to dJomba, and that you will not to challenge dJomba's ownership or control of any dJomba trademarks, nor use or adopt any trademarks that might be confusingly similar to such dJomba trademarks.
GOVERNING LAW, DISPUTES & JURISDICTION
These Terms are governed by, and will be interpreted in accordance with, the laws of Portugal and the international legal instruments governing intellectual property when and if applicable, without regard to the principles of Conflicts of Law. The disputes related to these Terms may be solved by Informal Negotiation or Arbitration.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and dJomba agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to:
dJomba - Desenvolvimento e Consultoria de Conteúdos Multimédia Lda.
Attn: Legal Department
Rua Almeida e Sousa, 21, 4° Dto.
Arbitration. The parties may agree to submit a dispute to arbitration. This agreement shall constitute a separate written agreement among the parties.
The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement shall be brought in the Portuguese District Court of Lisboa (Tribunal Judicial da Comarca de Lisboa).
VIRTUAL CURRENCIES AND GOODS
You acknowledge that the Websites and SNCs may include Virtual Currency (that may be purchased from dJomba with real world currencies) and Virtual Goods or Services (that may be purchased from dJomba with virtual or real world currencies).
dJomba may charge fees for the right to use Virtual Currency, or may distribute it without charge, in its sole discretion. Virtual Currency and Virtual Goods and Services may never be redeemed for “real world” money, goods or other items of monetary value from dJomba or any other party.
Virtual Currency is a limited license right governed solely under these Terms. dJomba has the exclusive right to manage, regulate, control, modify and/or eliminate Virtual Currency and Virtual Goods and Services as it sees fit in its sole discretion, in any general or specific case, and that dJomba will have no liability to you based on its exercise of such right.
Transfers of Virtual Currencies, Goods and Services are strictly prohibited except where explicitly authorized within the Service. Outside of the Websites and SNCs, you may not buy or sell any Virtual Currency or Virtual Goods and Services for real currencies or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a possible legal action.
You agree that all sales of Virtual Currencies, Goods and Services are final. No refunds will be given, under no circumstances (except in our sole and absolute discretion), including, without limitation, upon termination of your account for any reason, termination of this agreement, and/or discontinuation of the service.
Some of the Websites and SNCs can be partially supported by advertising revenues.
The advertisements and promotions displayed on the Websites and SNCs can be targeted to the specific content, information and user profile (which may include, in some cases, non identifiable information provided by users) of each Websites and SNCs.
In consideration for dJomba granting you access to and use of the Websites and SNCs, you agree that dJomba may place such advertising on the Websites and SNCs.
The Websites and SNCs may provide you with tools and mechanics (like chat, blogs, message boards, online forums among others) that allow you to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to dJomba and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to dJomba will be treated as non-confidential and non-proprietary.
You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without dJomba incurring in any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to dJomba the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
dJomba has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but dJomba does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
dJomba has no obligation to accept, display, review, monitor, or maintain any User Content. dJomba has the right to delete User Content from the Service without notice for any reason at any time. dJomba may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that dJomba reserves the right to treat User Content as content stored at the direction of users for which dJomba will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to dJomba's attention.
You acknowledge that you do not rely on dJomba to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
ACCESS TO THE SERVICE AND USAGE RULES
Subject to your acceptance of these Terms, dJomba grants you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software for your personal non-commercial use. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement. You also agree to be bound by any application, forum, or game specific rules published within the Service.
Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of dJomba’s copyrights in and to the Service. dJomba reserves the right to terminate your access to the service without notice if you violate these Terms.
You may not and agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Websites and SNCs, except as set forth in these Terms.
To help all users and visitors to have a positive experience in accessing and using the Websites and SNCs and as a condition of your use of and access to the Service, you agree to comply with these Usage Rules and any others application or game specific rules published within the Service.
You agree that you will follow these Terms and all applicable laws and that you will not:
- Violate these Terms or any local or international law, rule or regulation or any other requirements or restrictions posted by dJomba on the Service;
- Intentionally or unintentionally violate any applicable local, national or international law and any regulations having the force of law;
- Upload, post, e-mail or otherwise make available at the Websites and SNCs any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; or include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- Defame, libel, ridicule, mock, disparage, threaten, harass, threat, intimidate, stalk or abuse anyone using the Websites or SNCs in any manner, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
- Collect, store, share or reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- Interfere with others' use of the Websites and SNCs or act in a way that negatively affects other users' enjoyment of the Websites and SNCs;
- Give any personal login information (like your password) to anyone;
- Attempt to impersonate any other party or adopt a false identity to deceive or defraud dJomba or Website and SNCs users and visitors;
- Trick, defraud or mislead dJomba and other users, especially in any attempt to learn sensitive account information such as passwords;
- Make improper use of dJomba’s support services or submit false reports of abuse or misconduct;
- Disparage, tarnish, or otherwise harm, in dJomba's opinion, dJomba and/or the Service;
- Upload, transmit or disseminate viruses, worms, cancel bots, Trojan horses, RATs, keyboard loggers, spyware, adware, harmful code or any other malicious or invasive code or program or take any type of action that will interrupt the users' ability to enjoy the Website and SNCs, or the proper functioning of any software, hardware or equipment or materials used in connection with the Website or SNCs;
- Frame or mirror any part of the Websites and SNCs without our express prior written consent;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Websites and SNCs;
- Create a database by systematically downloading and storing content from the Websites and SNCs;
- Interfere with the correct presentation or cover or obscure any notice, banner or advertisement on the Service;
- Manipulate the Websites and SNCs Games so as to hide your identity or participation in them (for instance, using another person's identity, changing headers, or otherwise modifying any other possible identifier), disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address to access the Service;
- Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from the Websites and SNCs Games or reproduce or circumvent the navigational structure or presentation of the Websites and SNCs
- Exploit the Websites and SNCs for any commercial and marketing purpose, including without limitation, money raising, advertisement or promotion of brands, products, services or websites;
- Sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
- Attempt to harvest any screen names or e-mail addresses for any commercial use or upload or transmit any material that acts as a passive or active information collection or transmission mechanism;
- Engage on cheating (or attempt to promote cheating) or use exploits, automated programs or "scripts", alternate or dummy accounts, or exploit and use any errors in design, features which have not been documented, or "bugs", to advance gain advantage over other users and visitor, acquire goods, or otherwise accrue benefits in an automated fashion or any other activity deemed by dJomba to be in conflict with the spirit or intent of the Service.
dJomba does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, dJomba specifically disclaims any responsibility with regard thereto.
Therefore, you understand that by using the Services you may access or be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Websites and SNCs without giving you any notice. In this case you will immediately lose access to any information that may be on the system.
YOU UNDERSTAND THAT DJOMBA IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE GAMES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
NO LICENSE GRANTED
Except for allowing you to use the Websites and SNCs for your personal use under the Terms of this agreement, when you use the Websites and SNCs you are not being granted a license or any other rights from dJomba, including rights in intellectual property or other proprietary rights of dJomba.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE WEBSITES AND SNCs OR ANY OTHER DJOMBA PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
dJomba intends for the Websites and SNCs to be a general audience. When a child under age 13 attempts to register on the Websites, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by dJomba, that parent can send an e-mail to us at email@example.com to request deletion of their child's account.
Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or dJomba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, dJomba has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although dJomba will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of dJomba or others due to such unauthorized use.
THIRD PARTY SITES
YOU UNDERSTAND EXPRESSLY AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE WEBSITES AND SNCS GAMES AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD DJOMBA AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE AND ACCESS OF THE WEBSITES AND SNCs, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND THAT YOUR USE OF DJOMBA WEBSITES AND SNCs IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL CONTENT, INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITES AND SNCs, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE THAT DJOMBA MAKES NO WARRANTY THAT THE WEBSITES AND SNCs WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ALSO, DJOMBA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE USING THE WEBSITES AND SNCS GAMES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, DJOMBA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE WEBSITES AND SNCs AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITES AND SNCs.
dJomba operates and controls the Service from its offices in Portugal. dJomba makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject dJomba to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DJOMBA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, ARISING FROM YOUR OR OTHERS USE OF THE WEBSITES AND SNCs, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE GAMES OR CHALLENGE GAMES.
You agree to defend, indemnify and hold harmless dJomba or its affiliates from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
ACCESS RESTRICTIONS / TERMINATION
These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, dJomba or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from dJomba if, in our sole discretion, you fail to comply with any term or provision of these Terms.
dJomba may cancel your access to the Websites and SNCs at any time. dJomba may also remove any Content that you have posted regardless of a specific cause and without notice to you. dJomba may also change these Terms at any time, and your continued use of the Websites and SNCs after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE GAMES IN ANY MANNER FOR ANY PURPOSE.
These Terms are the entire agreement between you and dJomba. They supersede any and all prior or contemporaneous agreements between you and dJomba relating to your use of the Websites and SNCs. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
The Portuguese language version of this agreement shall prevail in the event of any dispute arising from the interpretation of this text.
You can direct any questions concerning these Terms to: firstname.lastname@example.org