General terms and conditions of use for SAPO Services

Object and scope

1. The terms and conditions for SAPO Services regulate the general framework by which, PT Comunicações, S.A., with headquarters in Rua Andrade Corvo, n.º 6, 1050-009 Lisboa, registered in Conservatória do Registo Comercial de Lisboa, under the number 504 615 947, with a social capital of € 1.150.000.000,00 (denominated ahead by “PT”) gives access to SAPO Services (denominated ahead by “SAPO Services” or “Service”), that provides functionalities, services and content to users in an SAPO external environment. For the purpose of these Terms and Conditions, Portal SAPO is defined as a set of websites, owned by PT, available through the URL http://www.sapo.pt, that incorporate a search engine, directories and a set of theme channels.

2. The terms and conditions of SAPO Services are supplementary to the General Conditions and the User Policy of the website – http://www.sapo.pt (the “Portal”), available in http://seguranca.sapo.pt/termosdeutilizacao/portalsapo.html, to the General Policy of Privacy, which can be consulted in http://seguranca.sapo.pt/politicadeprivacidade.html and to the Registration Rules and Conditions of SAPO, available in http://seguranca.sapo.pt/termosdeutilizacao/registosapo.html, constituting an independent contractual unit applicable to SAPO Services.

3. In case of contradiction, incoherence or disruption between the terms and conditions for SAPO Services and the documents referred in the previous point, the present document will prevail as applicable to SAPO Services.

4. The terms and conditions for SAPO Services don’t imply the discard of other legal norms or other conditions set by PT or public entities regarding the access and usage of the services contemplated in the present document.

5. The access and usage of SAPO Services imply the full acceptance of the terms and conditions expressed for SAPO Services.

Conditions for the use of SAPO Services

1. The user commits to read and accept all legal dispositions applicable to the service usage, and to not engage or instigate illegal acts or offensive behavior towards the good costumes. The user should also read and accept the specific rules of the operations available in SAPO Services.

2. In respect of the law and the terms and conditions for SAPO Services, the user obliges himself not to use the services provided by SAPO Services, under any form, including but not limiting, to the following endings: i) Provide, send or transmit any illegal content, namely defamatory, invasive to privacy, harmful to minors, banned or disqualified. ii) Falsely represent an individual or collective person. iii) Provide, send or transmit in a negligent or culpable way any materials containing viruses, harmful code, corrupted files or software with the objective of interrupt, destroy or limit the functionality of any computer, system (hardware or software) or communications equipment. iv) Collect, store or provide, under any form, unauthorized personal information of other users.

3. The user obliges not to use the services available in SAPO Services in direct or indirect benefit of third parties without the explicit agreement (in the written form) of PT.

4. The user expressly recognizes and accepts that the IP network (internet protocol) constitutes a public electronic communications network, available to all users and clients and is susceptible to information overloads. Therefore, PT doesn’t guarantee a service without interruptions. Loss of information or delays can also occur in these events.

5. PT doesn’t guarantee the performance of SAPO Services in unpredictable overload situations of the supporting systems or in other extraordinary situations, uncontrollable by PT.

6. In case of interrupted services due to unpredictable overload situations of the supporting systems, PT agrees to reset SAPO Services in the least possible time.

7. The user accepts that the services, functionalities and contents available to him in SAPO Services are exclusively for personal use and are protected by copywright laws and other connected legislation. The use of these services, functionalities and contents in other contexts than those defined in this document can only occur with the explicit authorization of the legal owner (in the written form).

8. The user can not transmit, reproduce, publish or deliver to the general public any services, functionalities or contents obtained in SAPO Services.

9. The user commits to use free functionalities of SAPO Services exclusively for personal purposes. The non free services and functionalities available in SAPO Services might be use either for commercial or personal purposes

10. In case of malfunction of the services in SAPO Services, the user can report the failure through the contacts available in the website http://store.services.sapo.pt/Contacts.

11. The user is exclusively responsible for the connection costs incurred when browsing SAPO Services. These costs are establish directly between the user and the broadband ISP.

Obligations of the user

1. The user is responsible for all the content he turns available through the services in SAPO Services, compromising to respect all legal norms applicable and to follow set of rules listed in this document.

2. The user guarantees that the services, functionalities and contents available in SAPO Services will be used exclusively in the terms set by this document and all other specific normative applicable and will not use them for illegal purposes or for other goals that violate de copyrights of PT or other users.

3. The user compromises not to damage, interfere or interrupt, in any way, the supporting platform that enables the functionalities, services and contents to be available in SAPO Services.

4. The user is also responsible for the content viewed through the functionalities and services available in SAPO Services.

5. The user is expressly forbidden to post or distribute in the services and functionalities available in SAPO Services any content that is considered illegal, false, deceiving, abusive, racially discriminating, morally reprehensible, hurtful, offensive to the dignity of others, harmful to minors or damaging to the image of PT or any other company of PT Group.

6. The user is responsible for his own use of SAPO Services or the used allowed to third parties in his name.

Copyright and intellectual property

1. All functionalities, services or contents available in SAPO Services are property of PT or property of other entities that explicitly allowed PT to turn their functionalities, services or contents available in SAPO Services, under the international and national legislation for intellectual property.

Suspension of access to SAPO Services

1. PT will cancel the user’s access to the functionalities, services or contents available in SAPO Services, without any previous notice, when notified by any legally recognized entity or when the use of the functionalities, services or contents explicitly violates the terms and conditions expressed in the present document.

2. PT can notify the user about the reported abuse on his activity in SAPO Services, suggesting the immediate correction of the situation.

3. PT reserves the right to remove access to specific functionalities, services or contents available in SAPO Services through the IP Address, whenever a user harms the normal functioning or access to these or other resources by other users.

Alteration of general and specific terms and conditions of SAPO Services

1. PT has the exclusive right to, in any moment, without the need for a previous notice, and with immediate effect, establish specific rules for the usage of SAPO Services and to alter, add or revoke, partially or totally, the terms and conditions expressed in this document.

2. It is the user’s duty to periodically read the general and specific terms and conditions of SAPO Services and to cease his activity in SAPO Services in case of disagreement with any of the terms and conditions.

3. The ruling version of the General terms and conditions for SAPO Services is available in the website http://store.services.sapo.pt/termsandconditions.

Responsability

1. Sapo Services has the adequate security levels. However, PT won’t be responsible for any losses or impairments suffered by users or third parties due to delays, interruptions, errors or suspensions in communications originated by factors outside of PT’s control, or for any deficiencies or failures caused by communications networks, communications services provided by external suppliers, information systems, modems, connection softwares or viruses downloaded through SAPO Services resources, infecting the user’s terminal equipments.

2. PT assumes that all information and data queries in SAPO Services are made by the its users, denying any responsibility in the use of abusive or fraudulent information obtained in SAPO Services.

3. PT won’t be responsible for losses or damages caused by any abusive use of SAPO Services not directly chargeable to PT as deceit or serious offense.

4. PT is not responsible by damages or losses due to failure or deficient performance of SAPO Services when not directly chargeable to PT as deceit or serious offense, not being accountable namely for: 1) errors, omissions or imprecisions in the information provided by SAPO Services. 2) damages caused by clients or third parties, including violations of intellectual property. 3) failure or deficient performance of SAPO Services directly linked to judicial decisions or other orders of administrative authorities. 4) failure or deficient performance of SAPO Services due to major force issues, extraordinary or unpredictable situations uncontrollable by PT, such as fires, energy cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods, other natural cataclysms or any other situation not controllable by PT that prevents or impairs the fulfillment of the established obligations.

Privacy and personal data

1. The personal data of users will be collected and treated in accordance with the ruling legal framework and in accordance with the General Policy of Privacy of Portal SAPO, available in http://seguranca.sapo.pt/politicadeprivacidade.html.

2. The user recognizes and accepts that the data available in the web is not protected against any deviations and that the communication of passwords, confidential codes and any sensitive information will be done under their own responsibility.

Clarifications and claims

1. Clarifications and claims concerning SAPO Services must be presented to PT, in a 30 (thirty) days period, counting from the moment the user identifies the problem that motivates the clarification or claim. The clarifications or claims must be addressed to the contacts available in http://www.store.services.sapo.pt\contacts.

Technical configurations

1. Given the innovative nature of SAPO Services and the technological upgrades it is subjected to, PT reserves the right to change the technical configurations of SAPO Services whenever necessary to accommodate new technological developments.

2. PT doesn’t guarantee any upgrades or improvements in SAPO Services.

Effectiveness

1. SAPO Services is valid for an undetermined period. SAPO Services starts any time a new user engages in an available functionality.

Applicable law

1. The contract is governed by the Portuguese Law.

Specific conditions of API, RSS and Web services in SAPO Services

Description of the API and RSS services

1. PT provides a set of structured interfaces with API and RSS services and contents to all user with an active SAPO registration and to all users of SAPO Portal (“Users”).

2. For the purpose of the specific terms and conditions of SAPO Services, API is defined as the service or the set of services that allow a structured and programmed access to functions and contents available in other SAPO services, such as SAPO Notícias or SAPO Blogs. An RSS (Real Simple Syndication) service is an API for standard (in XML format) notification and consultation of content available in services provided by SAPO.

3. PT provides an undefined set of APIs and RSS services, reserving the right to, without any previous notice, unilaterally change the list of APIs and RSSs available in SAPO Services.

Use conditions for API’s, RSSs and Webservices

1. The access and usage of free API and RSS services in SAPO Services assumes the creation and maintenance of an active SAPO Registration.

2. The access to chargeable API’s requires the creation and maintenance of a SAPO registration. The access to content and services available through the chargeable APIs is limited to the user’s credentials.

3. PT ensures to be the owner or a licensed entity for the use of the set of APIs available in SAPO Services.

4. PT guarantees the users of SAPO Services a non exclusive and non transmissible license for the use of the services available.

5. The commercial use of the API and RSS services, taken as any other transactional exploration, direct or indirect, in cash or other form, depends on the previous authorization of PT. PT reserves the right to allow this only with a celebration of a partnership agreement.

6. The APIs available in SAPO Services are licensed on an “AS IS” basis and don’t present any guarantees in terms of technical performance or goal orientation and fulfillment, whatever the circumstance. However, PT compromises to effortfully assist the users of SAPO Services in the resolution of the identified flaws.

7. The users accept that any use of the API’s available in SAPO Services is done under their own responsibility.

Pricing

1. The user compromises to pay the established prices for the usage of API, RSS and webservices.