Terms of Use

www.texmb.com

  The present document establishes the rules that regulate the access and use of the Site www.texmb.com (hereinafter the “Site”). The Site was created, belongs to and is operated by Marta F. B. Barros, with registered office at Rua de Pedrouços, nº 27, 11 D. 1400-285 Lisboa, with VAT number 243856733 (hereinafter “TEX MB”), and its use is governed by these Terms of Use. The Site is intended to provide the User of the Site (“User”) with information on the activity developed by TEX MB. These Terms of Use are supplemented and integrated by the Privacy Policy and Cookies Policy (available here and here) and by the Terms and Conditions of Sale.  

ACCEPTANCE OF TERMS OF USE

You acknowledge that by accessing, browsing and using the Site you accept these Terms of Use.

MODIFICATION OF TERMS OF USE

TEX MB reserves the right, at any time, without prior notice and with immediate effect, to change, add, update or delete, partially or completely, the present Terms of Use. Therefore, the User should periodically check the Terms of Use to confirm whether any updates or changes have been made.

ACCESS TO THE SITE

Access to the Site does not require any registration. However, to access certain features, particularly those related to the Online Store, the User may create a Customer Account, as provided in the Privacy Policy. For this purpose, the User must indicate: an e-mail, first and last name and a password. The User must keep confidential the details of his Client Account that allow him to access the Site, and in particular, must not disclose them to third parties or navigate in conditions that allow their decoding and copying by third parties. Any access and use of the Site with the data from the Member’s Account is the sole responsibility of the Member. The User may, at any time, change the details of his/her Client Account, in his/her reserved area on the Site.

USE OF THE SITE

In general, the User must use the Site in a responsible, prudent and careful manner, and must not disrupt or degrade the continuity, integrity and quality of its resources and functionalities, nor impinge on the rights and/or possibilities of use of third party users. The User undertakes not to use the Site to make available or share any content that is illegal, false, misleading, threatening, malicious, abusive, defamatory, injurious, invasive of privacy, racially, ethically or morally objectionable, harmful or offensive to human dignity or harmful to minors. It is forbidden to make available information or content which belongs to third parties and which the User does not have the right to use, such as, for example, content protected by third party copyrights or content which contains personal data of third parties. You may not use the Site to post or transmit any material that contains or may contain viruses, worms, defects, Trojan horses or other items or computer codes, files or programs that may interrupt, destroy or limit the functionality of any computer system or equipment or communications equipment. User shall also not make available or transmit any unsolicited or unauthorized content such as SPAM or collect, make available, transmit or exploit information about other users for unauthorized purposes.

INTELLECTUAL PROPERTY RIGHTS

The User acknowledges that the Site, its structure and layout, and the selection, organization and presentation of its contents are the property of TEX MB or have been duly licensed in its favor. The User further acknowledges that the contents of this Site (text, images, graphics, sound and animation and all other information made available) are protected by intellectual property rights and undertakes to respect such rights. The User is not authorized to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute in any way the texts, images or other information contained on this site or any part of it without prior written permission from TEX MB. The use of brands and logos on the Site does not grant, nor can it be construed as granting, permission to Users to use, directly or indirectly, such brands, logos or materials.

PERSONAL DATA

Browsing this Site does not necessarily require the provision of personal data, however, should the User wish to create a Customer Account at the Online Store, contact us through our contact form or subscribe to our newsletter, the data provided will be treated under the terms defined in the Privacy Policy, available here, and the use of such data is accepted under the terms therein provided.

RESPONSIBILITY AND GUARANTEES

The User acknowledges that his/her use of the Site is at his/her own risk and that he/she is solely responsible for any damage caused to his/her computer system and/or equipment or for any other damage or loss, including loss or damage to data, resulting from the use of the materials, content or information obtained in any way through the Site. TEX MB does not guarantee that – The Site or any functionality available on the Site will meet any needs and expectations of the User; – Any advice, recommendations or information of any kind given by TEX MB, presented or made available on the Site, or obtained through its use, are current, accurate, complete or error-free – TEX MB does not assume any legal duty in this respect; – Any material or other content made available by third parties through the Site is safe, legal or appropriate; – The qualities, features or characteristics of the products, services, information or other material or content posted on the Site meet any expectations of Users.   TEX MB will not be responsible for any errors that may occur due to system irregularities, failures (temporary or permanent) of the Site, its applications or other tools, nor will it be liable for any damages resulting from the misuse or impossibility of use of the Site.

SITE OPERABILITY

TEX MB may suspend, block, interrupt or terminate access to the Site in the following cases: – When necessary due to technical, legal or strategic constraints; – When necessary to guarantee the security, namely, of the communication channels, equipment or information; – When necessary in the operations of management, maintenance, repair, alteration or modernization of the equipment, systems or any functionality of the Site; – In other duly justified circumstances, including, specifically, in case of failure by the User to comply with its obligations under the present Terms of Use.   TEX MB also has the exclusive right to, at any time, terminate, permanently or temporarily, partially or totally, at its discretion, the Site or any of its features without prior notice.  

LINKS

TEX MB may provide links to other websites. These sites are not owned, operated or controlled by TEX MB, therefore TEX MB is not responsible for, does not approve or in any way endorse or support the content of these sites or of the sites linked or referred to on these sites. The establishment of links does not imply, in any case, the existence of any relationship between TEX MB and the owner or manager of the website to which the link refers. The use of these links is the sole responsibility of the Users.

SECURITY

TEX MB does not guarantee that the Site will function uninterruptedly, be error-free or fault-free or that it will be available continuously. TEX MB uses its best efforts to ensure that the Site is free from viruses or other elements which may be dangerous to your computer. However, since TEX MB cannot fully control the circulation of information on the Internet, TEX MB cannot guarantee that it is free from viruses or other elements which may damage your computer. To ensure the security of the Site, TEX MB may, at any time and without prior notice, take any action necessary to ensure the integrity, security, continuity or quality of the Site, including restrictions or limitations on access.

VALIDITY OF THE TERMS OF USE

If any part or provision of these Terms of Use is unenforceable or in conflict with applicable law, the validity of the remaining parts or provisions shall not be affected.

APPLICABLE LAW AND DISPUTE RESOLUTION

If you have any questions about the present Terms of Use, you can contact TEX MB using the contact form on the Website or by letter to Rua de Pedrouços, nº 27, 11 D. 1400-285 Lisbon. These Terms of Use are governed by Portuguese law and, in case of dispute in the interpretation or application of these Terms of Use, the Civil Court of Lisbon will have jurisdiction, with express waiver of any other.   Last update: January 2022