TERMS OF USE

Please read the following agreement carefully

Overview:

REFUND POLICY:

Tempodeantena.com does not typically provide cash refunds unless extraordinary circumstances apply; we do, however, grant credits in the form of free time and/or coupons for premium services. We also provide discounts and/or credits in the event you experience technical difficulties that you demonstrate to have made a sincere effort to resolve. Tempodeantena.com adheres to a very liberal "Customer is always Right" policy and will undertake almost any action necessary to ensure that no customer ever has an unsatisfactory experience on the service. Cash credits are therefore issued on a discretionary basis only. This is a NO-REFUNDS policy. All sales are final.

Access to most areas of the Tempodeantena.com platform is entirely free, and the vast majority of all system usage occurs in the free areas of Tempodeantena.com without any charge or obligation. For example, Tempodeantena.com assesses no fees or charges for access to the Tempodeantena.com Archive Explorer, free live guest videochat, bulletin boards, profiles, and all other free members-only services. Optional premium services are clearly marked, bear prominent and conspicuous disclosures, and you must affirmatively agree to such premium services before being charged.

Full terms and conditions:
 
1. TERMS OF SERVICE AGREEMENT AND RULES OF THE ROAD

a.Tempodeantena.com Network ("TA") provides its Tempodeantena.com service ("TA") to you as a registered subscriber or authorized user ("Member" or "you"), subject to the terms of this agreement and TA's operating rules or the "Rules of the Road" ("Rules"). Both of these documents are binding agreements and we shall refer to them collectively as "TOS". The TOS comprises the entire agreement between TA and you, superseding any prior agreements between you and TA with respect to its subject matter. Additionally, you may be subject to additional terms and conditions that may apply when you use affiliate services (e.g., the International Areas), third-party content, software, or services

b.TA may change the TOS at any time, subject to timely notice, posted publicly in a visible manner. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in "Cancellation" below, or in Section 10 below. Your continued use of TA following the Effective Date of any such change to the TOS constitutes acceptance of all such changes

2. YOUR ACCOUNT INFORMATION

a.You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide TA with accurate, complete, and current registration information. Failure to do this shall constitute a breach of this agreement and unauthorized access to TA. Unauthorized access to TA could result in immediate termination of your account and subject you to civil and criminal liability. Unless you have prior written authorization from TA, you may not register for additional accounts after such termination..

b. Upon registering as a Member, you will choose a password and a screen name/chat handle. You may not select or use a screen name of another person (unless it is also your name) a name in violation of a third party's property rights, or a screen name that TA deems offensive or otherwise inappropriate. TA owns all screen names and licenses them to you. You expressly authorize TA to use and disclose your password, screen name/chat handle and/or account information with and to third parties, to ensure the protection of TA's rights or property. Additionally, you may not use your screen name in violation of the TOS or in ways TA deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations). TA reserves the right to delete any such screen name or to request deletion

c. You are entirely liable for all activities conducted through your account. A Member may not permit another individual to use the Members account without direct supervision by the Member.

d. Members who have had their TA membership terminated may not access TA without TA's prior express written (including e-mail) permission. Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 10 below..

3. CHARGES AND BILLING PRACTICES

a.There is no fee for basic membership to TA. However, you may be subject to internet access charges as required by your local or national Internet Service Carrier/Provider. Certain fee-only video chathosts may set a price and terms that governs and restricts access to their respective videochat. Customers may avoid charges entirely by choosing to limit their interactions with fee-only video chathosts to a free guest-only videochat interface and to avoid other fee-based areas of the service. However, fee-based videochats in which you interact via the text/video chat interface will incur charges to you at the rate set by the Video Chathost. (Per-minute prices are tabulated by the minute and rounded to the next whole minute.) These fees are prominently disclosed to you prior to your willing entrance into the fee-based video chat interface

b. You are responsible for all charges associated with connecting to TA. You agree that any charges incurred to access the Internet, including but not necessarily limited to telephone charges and access fees billed by your Internet Service Provider, are entirely your responsibility. Depending on your particular location and chosen Internet Service Provider, you may be subject to long distance charges and/or other communication surcharges, which are your responsibility.

4. RIGHTS AND RESPONSABILITIES

a. Contents. You acknowledge that: (i) TA contains information, communications, software, photos, videos, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by Independent Providers of Content ("ICPs"), other Members, TA and its affiliates; and (iii) At minimum, TA owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Each Member and any user of Members account must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. TA does not pre-screen Content as a matter of policy: however TA, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither TA, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by TA or its affiliates, or any ICP, with respect to Content, or Content changes within, TA

b. Proprietary rights You acknowledge the following: (i) TA permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) These Rights are valid and protected in all media and technologies existing now or later developed; and (iii)Except as explicitly provided otherwise, the TOS, applicable copyright and other laws govern your use of Content (see the Rules, Section D, for details). You agree that you may upload to the software files, message boards, or otherwise transmit on or through TA only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on TA. You represent that if you upload any files, you have the legal authorization to do so. You agree that TA may employ virus-checking technology to protect its system and its members from viruses. By submitting Content to any "public area" of TA (e.g., message boards, forums, the Member Directory), you grant TA and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Member and authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on TA retains any and all Rights that may exist in such Content

c. Conduct and Communication .You acknowledge that TA may contain material that may be inappropriate for minors. You recognize that communication over TA often occurs in real time or is posted on one of TA`s message boards or chatrooms. You acknowledge that TA cannot, and does not intend to, screen communication in advance for accuracy or conformance to the TOS or any laws. However, TA may elect, at its sole discretion, to monitor some, all, or none of TA`s public areas for adherence to the TOS. Accordingly, you acknowledge that neither TA, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by TA, its affiliates, or any ICP with respect to Content on TA. Any conduct by a Member that in TA's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying TA or another service shall entitle TA to immediately terminate membership without notice. You agree to use TA only for lawful purposes. You may not use, or allow others to use, your TA account, either directly or indirectly, to: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Member or user of TA or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of content that may generally be considered obscene, including, but not necessarily limited to, bestiality, urination/defecation, fisting, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted. (4) disrupt the normal flow of dialogue in a chatroom or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities, such as causing the screen to "scroll" faster than other Members or users are able to type to it or any action to a similar disruptive effect; (5) impersonate any person or entity, including, but not limited to, an TA official, an ICP, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, or impersonate a minor; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities (although Contributors may use the Tempodeantena.com E-mail System to advertise current or upcoming sessions to their previous viewers who have not requested to be removed from their mailing lists), or collect or harvest screen names of other Members, without permission; (8) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Member; (9) violate any operating rules, policies or guidelines of any other interactive service, including, but not limited to, the operating policies of the International Areas; or (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. Please see the Rules for additional examples of prohibited conduct. TA reserves the right to protect its Members and TA from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail." You also agree and accept that as new products become available on or through TA, your use of these products is subject to TOS. In addition to Content and services provided by ICPs, TA, and its affiliates, others may offer Content, software or other services to Members with their own terms and conditions relating to your use. Failure to abide by these terms and conditions may result in termination of membership. Furthermore, other such networks, including Internet areas, may subject Members to their own usage policies.
5. PRIVACY POLICY

Introduction

1. General
General. The following presents important information relating to Tempodeantena.com' comprehensive Privacy Policy. Because protecting your privacy is very important to TA, we have established a privacy policy that safeguards your personal information, and are committed to protecting its confidentiality. We will limit the collection and use of personal information, or Individual Information (as defined herein), to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information unless we believe that such action is necessary to comply with applicable law or valid legal process (including without limitation search warrants, court orders, or providing assistance to law-enforcement authorities investigating the alleged commission of a crime), or if the disclosure of Individual Information to a credit-card bank may help us prove the legitimacy of a credit-card charge or bill. We actively participate in industry associations and community groups to support strong and effective privacy guidelines and practices in the interactive environment

2.Types of Individual Information
Individual Information is any information, data or records that relate to your TA membership or use of TA and identifies you or your individual Member account. The three types of Individual Information are; (1) "identity and billing information," including without limitation your name, street address, telephone number, billing information, and any account information associated with your screen names; (2) "navigational and transactional information," including without limitation information about where you go or what you buy through TA; (3) "private communications," including without limitation the contents of e-mail, or private chat room communications.

a. Member identity and billing information.

1. Collecting and storage
We maintain various types of identity and billing information, including without limitation, your name, street address, telephone number(s), length of membership, and payment information. We may also keep information on your communications with our Customer Service department and chathosts, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate TA`s privacy policies are subject to disciplinary actions, including termination when appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on TA`s behalf.

2. Use
We use identity and billing information to administer our business, ensure that you are properly billed and to communicate with you if the need arises

3. Disclosure
Our policy is not to disclose identity and billing information to third parties, unless required to do so by applicable law or valid legal process (including without limitation search warrants, court orders or providing assistance to law-enforcement authorities investigating the alleged commission of a crime). TA, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (including without limitation a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. When feasible, we do allow our Members to access and verify their Member Identity and Billing Information. We also allow our Members to request corrections to this Information. TA intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.

b. Navigational and transactional information.

1. Collection
We may collect and store certain navigational and transactional information, such as data on the choices you make from the range of available services, and the times and ways you use TA.

2. Use
TA uses navigational and transactional information to personalize TA and for programming and editorial research. For example, we may use this information to understand our Members reactions to menu items, Content, and services offered through TA and to customize TA based on our Members interests.

3. Disclosure
TA will not disclose to third parties navigational or transactional information (e.g. what you view through TA), except to comply with applicable law or valid legal process (including without limitation search warrant, court order, or providing assistance to law-enforcement authorities investigating the alleged commission of a crime).

c. Private communications

1. Collection and storage
The TA computer system does record and retain all chat room communications. However, to keep copies of any communications, you should store them on your personal computer hard drive or in print form. You agree that TA may employ e-mail virus-checking technology to protect its system and its members from viruses.

2. Use
TA treats private communications on or through TA as strictly confidential. TA does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided herein. You acknowledge that private communications directed at a person or entity, including TA, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality

3. Disclosure
TA does not access or disclose the contents of private communications (e.g. e-mail, Member-created private rooms, online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (including without limitation search warrants, court orders or providing assistance to law-enforcement authorities investigating the alleged commission of a crime); (2) to protect the rights or property of TA; or (3) in emergencies when TA believes that physical safety is at risk. TA reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available

6. INTERNATIONAL CONTENT

You acknowledge that your use of TA allows access to content originating from TA and its affiliates, other Members and users of TA, ICPs, as well as other third parties which may originate from countries other than Portugal ("International Content"). Your access to and use of the International Areas and International Content will be governed (in addition to the TOS) by separate terms and operating policies and applicable national laws and customs

7. TA SOFTWARE LICENCES

TA grants to you a non-exclusive, limited license to use TA software to transmit your personal video signal to TA from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, TA software. You may not modify TA software or use it in any way not expressly authorized in these Rules. You agree and accept that TAs introduction of various technologies may not be consistent across all platforms (e.g. Macintosh).

8. SERVICE WARRANTIES

MEMBER EXPRESSLY AGREES THAT THE USE OF TA AND TA SOFTWARE ARE AT MEMBERS SOLE RISK. TA, TA SOFTWARE, AND TA PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TA PROVIDES THE TA SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. TA`s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF TA, TA SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY TA SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TA`s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH TA, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES

 9. INDEMNIFICATIONS

Upon TA`s request, Member agrees to defend, indemnify and hold harmless TA, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any Content on TA or the Internet by or through Members accounts. TA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.

10. TERMINATION

a.Either you or TA may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with TA, including, but not limited to, (1) any TOS term, policy or practice of TA in operating TA, (2) Content available through TA or change therein, or (3) any amount or type of fees, surcharges, billing methods, or change therein. You can terminate your membership by delivering notice to TA's Customer Service Department by any reasonable method, including the following: e-mail ajudacliente@tempodeantena.com , Snail Mail: Tempo de Antena, Ltd - Av. Republica nr 49, 4º andar sala 403, 1050-188 Lisboa, Portugal or by phone: (+351) 96 846 75 45 . To ensure effective cancellation, please provide your TA screenname.Your termination will take effect immediately upon TA's receipt of your adequate notice as described above.
b.In the event that your account is terminated or cancelled, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active TA Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Customer Service department or other TA departments must be concluded before you may re-register with TA. Members using multiple accounts without prior express written permission from TA shall have their membership terminated.

11. THE LAW

a. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of Portugal (EU) govern the TOS and your membership. As noted above, Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of Portugal (EU). Member further agrees and expressly consents to the exercise of personal jurisdiction in Portugal (EU) in connection with any dispute or claim involving TA.