The purpose of this document is to establish and regulate the use of the website www.heliumsquare.com (hereinafter referred to as the “website”), “the website” including all the pages and their contents that belong to PIXELADVENTURE LDA, and which are accessed through the website and its sub-domains.
The use, access, navigation and visualization of content hosted on the site imply the condition of user and acceptance by it of all the conditions included in this legal notice. The above conditions will apply independently of these general conditions of contract that, if any, will arise from an obligation. In the event that the User subscribes to any of the services offered by PIXELADVENTURE LDA and therefore accepts the general contractual conditions, he will assume the status of Client. The User or Customer undertakes to read this legal notice carefully each time he uses the site, because these conditions of use contained in this legal notice may be modified at any time.
1. OWNERSHIP OF THE WEBSITE
The owner of this website is PIXELADVENTURE LDA, whose address is: RUA DO SOL XC106, CP 8500-809 – PORTUGAL. CIF: PT514577400, registered in the Trade Register of PORTIMAO.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
PIXELADVENTURE LDA in its own name or as assignee, owns all the intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), property of PIXELADVENTURE LDA or its licensors.
In accordance with the provisions of articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including the way in which it is made available, of all or part of the contents of this web page, for commercial purposes, in any medium and by any technical means, without the authorization of PIXELADVENTURE LDA, is expressly prohibited. The user agrees to respect the intellectual property rights held by PIXELADVENTURE LDA. You may display the elements of the portal and even print, copy and save them on the hard drive of your computer or any other physical medium, only and exclusively, for your personal and private use. The User will refrain from removing, modifying, evading or manipulating any protection device or security system installed on the pages of PIXELADVENTURE LDA.
3. EXCLUSION OF RESPONSIBILITY
The content, programs, information and / or advice expressed on this site should be understood only as an indication. PIXELADVENTURE LDA is not responsible in any way for their effectiveness or accuracy, being exempt from any contractual or extra-contractual liability to the users who use them, as they are the ones who must agree.
On this site, you can publish content provided by third parties or companies. PIXELADVENTURE LDA is not responsible for the truthfulness or accuracy of this information, being exempt from any contractual or extra-contractual liability to users.
PIXELADVENTURE LDA reserves the right to make, without prior notice, the modifications it deems appropriate to its website, such as removing or adding services and contents provided or modifying the way in which they are presented or arranged on the said portal.
PIXELADVENTURE LDA declares that it has taken all the necessary measures, within the limits of its possibilities and the state of technology, to guarantee the functioning of the website and to avoid the existence and transmission of viruses and other elements harmful to users.
- However, PIXELADVENTURE LDA does not guarantee nor will be held responsible for:
i. The continuity of the content of the website;
ii. The absence of errors in the content or services;
iii. The absence of viruses and/or other harmful elements on the Website or on the server that provides it;
iv. The invulnerability of the Website and/or the unpredictability of the security measures adopted on it;
v. The lack of usefulness or performance of the content and services of the Website;
vi. Damage caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that PIXELADVENTURE LDA establishes in the website or by the violation of the security systems of the website.
If the User is aware of the existence of illicit content, illegal, contrary to the law or that could imply a violation of intellectual property rights and / or industrial, or any other right of third parties, he must immediately inform PIXELADVENTURE LDA, so that appropriate measures can be taken.
In the event that the website provides links or hyperlinks to other websites, PIXELADVENTURE LDA will not exercise any control over these sites and their content. In no case does PIXELADVENTURE LDA assume responsibility for the content of any link belonging to another website, nor does it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in these hyperlinks or other websites. Likewise, the presence of these links does not imply any type of association, merger or participation with the corresponding companies.
Without prejudice to the above, some links will be previously negotiated or agreed with the person responsible for the content of the link, so that a consideration is generated for the actions freely performed by the User. This does not affect the exclusion of liability for the contents of the links or the independence of this means of communication.
PIXELADVENTURE LDA grants third parties the right to partial reproduction of the contents of the page, provided that the following conditions are met
– That it is compatible with the objectives of the platform.
– That no graphic content is used separately from the accompanying text.
5. Publication of an ad on the site
The user guarantees that any advertisement published on the platform meets the quality criteria that a visitor (site or application) can reasonably expect: the description of the property offered for sale or rent and the conditions of sale or rent must be accurate, clear and unequivocal. The description elements of the ad must be in the fields provided for this purpose. Any false or ambiguous ad may be withdrawn at any time by PIXELADVENTURE LDA, in accordance with the following section: “Restrictions on publication of ads”.
The photos to be published must be of good resolution (minimum 1080×800 pixels). In order to preserve the quality of its service, PIXELADVENTURE LDA. reserves the right to remove at any time any photo that is blurred, of poor resolution, showing a brand, logo or watermark, persons (identifiable or not) or contact data, without compensation.
PIXELADVENTURE LDA. reserves the right to make technical changes to the content and in particular to the content of the advertisements (which may occur in the context of reuse), in particular so that they can be accessed via various channels, e.g. cell phones.
6. Restriction of advertisement publication
The advertisement rates are determined for the publication of a specific type of advertisement. The user is not allowed to change this specific ad type to another type. In this case, he/she must publish a new advertisement at the rate applicable to the selected type of advertisement. The user is also not entitled to any total or partial refund if he/she withdraws his/her ad from the platform before the expiry date, which is determined and chosen by the user at the time of placing the ad. The user expressly accepts that as soon as his ad is published on the platform and paid for, he waives any right of retraction and total or partial reimbursement of this ad.
We reserve the unilateral right to refuse or deactivate before its term, and this without compensation, an ad placed on our platform in the following cases:
– An advertisement which relates to a good already sold or rented.
– One (or more) photo(s) that does (do) not explicitly represent a property or a photo where the property is only in the background.
– An ad that mentions the address of another website.
– An ad that is false, especially with regard to its location, or an ad is illegal.
7. Restriction of access to the platform
We reserve the unilateral right to prohibit access to all or part of the Heliumsquare sites or application to any person or entity that :
– Uses the personal data to which he/she may have access via the platform to offer paying products or services or to send unsolicited messages to the e-mail boxes of other Internet users (“spamming”), for any other commercial purpose, or in any other unauthorized way;
– Uses the services offered by PIXELADVENTURE LDA. without complying with the specific conditions applicable to these services;
– Places on the platform false ads, ads already placed by the same person or entity or illegal ads;
– Damage in any way the reputation of PIXELADVENTURE LDA. of the sites or the application;
– Infringes the intellectual rights of third parties;
– Use the platform for illegal purposes.
8. Availability of the platform
Although we strive to make the Heliumsquare platform available to you 7 days a week and 24 hours a day, we reserve the right, at any time and without prior notice, to interrupt access to it for technical or other reasons, as well as to terminate our services, without being held responsible for these interruptions and the consequences that may arise for you or for a third party.
PIXELADVENTURE LDA. will ensure, as far as possible, that the application, sites and files that can be downloaded from it, are free of errors (bug), viruses, Trojan horses, spyware and other malicious or unauthorized software. However, it cannot be excluded that these may be present. PIXELADVENTURE LDA will not be held responsible for any damage and/or loss that may result for the user. PIXELADVENTURE LDA strongly advises the user to install firewalls, anti-virus and other necessary protection software on his device.
9. Links to third-party websites
In some of its sections, the Heliumsquare platform contains hyperlinks to third-party content or to websites operated by third parties. We are not responsible for the quality or accuracy of this content or these websites. Nor can PIXELADVENTURE LDA be considered as approving, publishing or authorizing these websites or this content. Therefore, the operators of these sites are solely responsible for compliance with laws and regulations applicable to products and services they offer for sale on their site, including consumer protection, distance selling, price regulation, protection of personal data, etc..
10. Responsibility for content placed on the platform by users
All texts, data, photographs, videos, messages or other content placed on the platform by a user, engage his sole responsibility. PIXELADVENTURE LDA. is not responsible for the content placed on the site by users.
– declares, accepts and guarantees that Heliumsquare has the right to use, publish and exploit any content (text, image, information) that he/she posts or publishes on the Heliumsquare platform for the purpose of performing the service(s) requested by the user;
– grants the platform a license on the content posted. This license must be free, worldwide, non-exclusive, transferable and sub-licensable to allow Heliumsquare to use, publish and reproduce the content in the operation and promotion of their service and that of third parties;
– agrees that this data may be used by PIXELADVENTURE LDA. to create reference points or a history of sales and rentals. These reference points may be used by real estate professionals in their services. Only the following will be used for this purpose: a photo of the place (as long as the property is still for sale or for rent), the description of the place as published, the address of the place (as long as the property is still for sale or for rent) or the geographical area and the name of the street (for rented or sold properties), the day, the month and the year of the publication and, if necessary, of the ‘de-publication’ of the advertisement, and the price mentioned on the advertisement. In no case will this history mention any contact data of the person who published the property. The contents will be anonymized and kept for an indefinite period of time for the purposes mentioned above.
As a user of the Heliumsquare platform, you agree not to place content expressing a political opinion, having a defamatory, racist, xenophobic connotation or inciting discrimination, hatred or violence against a person, a group, a community or their members, because of an alleged race, color, ancestry or national or ethnic origin of them or some of them.
By simply using the Heliumsquare platform, you agree to guarantee the limited company PIXELADVENTURE LDA. (the owner of the Heliumsquare platform), its subsidiaries, officers, employees, partners and representatives, from any liability claims and other legal actions that may be brought by third parties against it, following the placement by you of any content.
Account creation and password protection
You are free to register on the Heliumsquare platform by completing a form with your personal data. Your registration allows you to have access to free services:
– The memorization of your search criteria of real estate spots.
– The memorization of the real estate spots that interest you.
– The possibility of adding a personal rating to the properties that interest you.
– The possibility to add a personal comment to the properties you are interested in.
– The ability to see how many times an ad has been viewed since its creation.
– A warning by e-mail as soon as a property corresponding to your search criteria is placed on the platform (‘alerts’).
– A warning as soon as a property that interests you changes price.
Your password, which allows you to identify yourself for these services, is personal and confidential. You are solely responsible for its use and you agree not to disclose it to third parties.
The user is entirely and solely responsible for any activity carried out under his access code.
11. Miscellaneous provisions, applicable law and jurisdiction
For any possible dispute arising from the use of the Heliumsquare websites or application, Belgian law will be applicable and only the courts of Portugal / Porto will be competent.
The Individual who has a question and/or complaint related to the services of PIXELADVENTURE LDA can always contact our Customer Service.