TERMS OF USE

1. Introduction

Last Updated: 10/08/2023
Please read the Terms of Use carefully before you start to use the website.


2. Acceptance of this agreement

By using or accessing to the website www.nodes-studio.co (‘Website’) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, ‘Content’), resources and services, including newsletter (collectively, including Content, ‘Services’) made available through it, you are, as a user or visitor thereof (‘User’, ‘you’), agreeing to and accepting (i) the current Terms and Conditions of Use (‘Terms of Use’) and (ii) the Privacy and Cookie Policy made available on the Website.

The Website is owned by Nodes Studio, Lda., legal number 517 588 466, based at Rua Professor Hermano Padrao, 122, 4795-102 Vila das Aves, hereinafter referred to as ‘Nodes’.

Through the Website, Nodes allows the User access to the Services. The Services, including updates, developments, new tools and/or new Web properties, are subject to these Terms and Conditions.


3. Updates of Terms of Use

Nodes reserves the right to revise and update these Terms of Use from time to time and its sole discretion. All changes are effective immediately when Nodes publishes them and apply to all access to and use of the Website thereafter.
Continuing to use the Website following the publishing of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. If you do not agree with the changes made or, in general, with the updated Terms of Use, you must immediately stop using the Website.


4. Responsibility of Users

By accessing, using and downloading materials from the Website, the User agrees, on their behalf and/or on behalf of the entity on behalf of those acting, complying promptly with the provisions of these Terms of Use, ensuring that they have the power to act on behalf of the third party they represent, if necessary. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.


5. Prohibited items

Use of the Website for purposes other than those for which the Website is intended, including illegal purposes or any other that may be considered harmful to the image of Nodes, is expressly prohibited. Usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition entail criminal and/or contravention responsibility.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

-In any way that violates any applicable federal, state, local or international law or regulation
-To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “spam”, or any other similar solicitation
-To impersonate or attempt to impersonate another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing)
-To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, of which as determined by Nodes, may harm the Company or users of the Website, or expose them to liability.

Additionally you agree not to:

-Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website
-Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
-Use any device, software, or routine that interferes with the proper working of the Website
-Introduce on this Website any viruses or programs that damage or contaminate or advise third parties to do so
-Use any manual process to monitor or copy any of the material and content on the Website, or for any other purpose not expressly authorised in these Terms of Use, without Nodes prior written consent
-Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website


6. Nodes’ Rights 

Nodes has the rights, without provision of notice to:

-Modify, add or remove parts of the Terms of Use at all times
-Terminate of suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use
-Take appropriate legal action, including, without limitation, referral to or cooperation with the law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the Website


7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, data files, written text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned and considered content of Nodes.The User is not allowed to modify, allocate, lend, borrow, sell, distribute or create a derivative work on the basis of such content (partially or totally) unless they have been expressly authorised in writing for this purpose by Nodes or by third party who holds their intellectual property and personality rights.
The User acknowledges and agrees that Nodes retains all intellectual property rights (whether these rights are registered or not and anywhere in the world where such rights may exist).  Nodes retains all rights not expressly granted to the User in these Terms of Use.
Unless the User has been expressly authorised by Nodes to do so, nothing in these Terms of Use confers on the User the right to use any of the registered trademarks, service marks, logos, domain names and other distinctive brand features of Nodes. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


8. Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.  In addition, a link to a website not belonging to Nodes does not mean that it supports the website or the products and services referenced therein.


9.  Disclaimer of Warranty

To the extent permitted by applicable legislation, services are provided ‘as they are’ and ‘as available’ (as is and as available) and Nodes does not provide any kind of guarantee in relation to them. In particular, Nodes does not guarantee the user that (i) the use of the services meets their needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, secure or error-free; (iii) any information obtained resulting from the use of the services is accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, guarantees or other terms (including any implied terms with respect to satisfactory quality, suitability for a purpose or conformity with the description) apply to the services, except to the extent that they are expressly defined in these Terms and Conditions.
The use, by the User, of the Website, as well as any materials downloaded or otherwise obtained through the use of the Services is made at the User’s sole cost and risk and is solely responsible for any damages and lost profits caused to the equipment on which it makes use or visualisation of the Website, services and materials available there.
Nothing in the terms of use shall affect the rights provided for by the applicable legislation to which the User always has the right as a consumer, if in this quality it intervenes and relates to Nodes, and which, contractually, cannot agree to alter or waive.
No recommendation or information, oral or written, of Nodes shall be construed as constituting a guarantee of any kind unless expressly provided for in these Terms of Use.


10. Limitation of Responsibility

To the extent permitted by applicable law, Nodes assumes no responsibility towards the user for any damages resulting from:

-Any judgement of the user regarding the integrity, accuracy or existence of any advertisement or any relationship or transaction made with any advertiser, whose advertising is presented on the Nodes Services or newsletter;
-Any changes Nodes may make to the Services or any permanent or temporary termination of the provision of the services (or any features of the services);
-Deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the Services;
-Direct or indirect violation of these Terms of Use;

Nodes’ liability as indemnification for any emerging damages related to the Website and the Services, caused by Nodes, its representatives or assistants is limited to cases where it acts with criminal intent or gross negligence, and any liability for lost profits is excluded.
If you disagree, in part or in full, with the Website or the Services, or these Terms of Use, you only have the power to stop using the Website or the Services, as applicable.


11. Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at www.nodes-studio.co/#privacy-policy (the “Privacy Policy”).


12. Generic Concepts

Prevalence
In the event of a conflict between the Terms of Use and other specific provisions or specific terms and conditions existing on the Website relating to certain materials, they shall prevail.

Exercise of Rights
The non-exercise or non-immediate application of rights or provisions by Nodes, provided for in the Terms of Use, shall not be construed as a waiver thereof.

Completeness
The Terms of Use constitute the entire agreement between the User and Nodes regarding the use and consultation, by the User, of the Website and the Services, and regulate their use (excluding any Services that may be provided by Nodes under a separate written agreement), fully replacing any previous agreements established between the User and Nodes in relation to the Website and the Services.

Reduction
The invalidity, declared by a court or arbitral award passed on trial, of any provision of the Terms of Use does not determine the invalidity of the others, reserving Nodes the right, where appropriate, to modify the Terms of Use accordingly in order to rectify the invalidity.

Notifications/Communications/Complaints
Any notifications and communications from Nodes to the User under this Terms of Use will be provided by: (i) sending a message to the email address provided by the User, if provided by User and with consent to us using it: (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Any notifications, communications and complaints from the User should preferably be made to the email: general@nodes-studio.co.