1.1 These General Terms set forth the terms and conditions governing the provision by FootballDream Factory Lda., legal person no. 508951674, with registered offices at Av. das Acácias, 41 – 4 B, in Parede, registered with the Lisbon Companies Registry under number [?] and having a share capital of € 5,000.00, hereinafter referred to as "Dream Football", of the Dream Football service ("Service") to the user of the website http://www.dreamfootball.com, duly registered with said website ("User").
2.1. The Service consists of the provision by Dream Football to the User of space for the lodging and disclosure of videos displaying football skills. "Video" shall mean any recording of sounds or images, separately or cumulatively, in a sufficiently stable and enduring material support allowing their perception, reproduction or communication in any way, for a non-ephemeral period.
2.2. Should Dream Football so elect, the Service may also include (i) the assessment by the DreamFootball evaluators of the football skills contained in the ten most viewed videos on each day, (ii) the assessment by an expert of recognized reputation of the football skills contained in the seven most viewed videos on each week. To that effect, the User hereby authorizes the Dream Football evaluators, as well as the experts of recognized reputation engaged by Dream Football, to make the abovementioned assessments and to disclose the results thereof on the Platform.
2.3. Without prejudice to Clause 2.4 below, it shall not be allowed to disclose videos longer than 4 minutes (save as otherwise authorized by Dream Football) or videos the copyrights or associated rights of which are the property of third parties, without said disclosure being authorized.
2.4. Dream Football reserves the right to subject in its sole discretion the access to the Service or to a part of the Service to certain commercial or strategic restrictions, or to the payment of a fee.
3.1. The accession to the Service shall be made online by means of registration with the website http://www.dreamfootball.com ("Platform"), of the acceptance of these General Terms, and of compliance with all procedures described in the pages provided for accession to the Service. Upon registration with the Platform and acceptance of these General Terms, Dream Football shall send an email message to the User confirming the registration.
3.2. Without prejudice to Clause 4.1 below, the Service shall commence upon the activation of the Service sent by Dream Football as provided for in Clause 3.1 ("Accession Date").
4.1. In order to access the Service, the User must insert the data requested in the Service Platform, which qualify as User identification data and which therefore are personal and non-transferable ("Codes").
4.2. The Codes are for the exclusive knowledge of and use by the User, and the User must ensure and protect the confidentiality thereof in any circumstances, including without limitation, by not disclosing the same to third parties and not using the same in a manner which allows the decoding and copy thereof.
4.3. Dream Football shall not be liable for any losses or damage caused by the abusive use of the Codes referred to in the preceding paragraphs, which are not directly attributable to its wilful misconduct or gross negligence.
4.4. The possible use of the Service by third parties by resorting to the User's Codes, with or without authorization by the User, shall be deemed made by the User, save as otherwise demonstrated.
4.5. For security reasons, no simultaneous accesses to the Service with the same Codes shall be allowed.
4.6. The User undertakes to:
a) Provide true, precise and updated information on its personal data which are required for registration with the Platform, forming an integral part of the General Terms;
b) Keep and immediately update the data provided at the time of registration with the Platform, for these to remain true, precise and up-to-date.
4.7 Without prejudice to the other rights, including without limitation, to obtain compensation for the damage caused in case the User provides inaccurate, outdated, incomplete or false information, DreamFootball shall in accordance with Clause 8 be entitled:
(i) To suspend or cancel the registration with the Platform and the Service;
(ii) Not to allow the future access by the User to any services provided by Dream Football;
5.1.Pursuant to the Law and these General terms, the User agrees not to use the Service in any way, including without limitation, for the following purposes:
a) To make available, send or transfer any content which is illegal, threatening, mean, abusive, tortuous, defamatory, vulgar, obscene, invasive of the privacy of third parties, hateful, racist, harmful to people who are underage or subject to curatorship or guardianship, ethically censurable or in any other way inappropriate
b) To make available, transfer or send any content which the User is not entitled to use under any law or any type of contract or protocol, including without limitation, the making available of any videos for the disclosure of which the User is not authorized by all those appearing thereon
c) To make available, transfer or send any content which infringes any patent, trade mark or industrial secret registration or right, or any other type of registration or copyright or associated right of any person, entity or institution
d) To make available, transfer or send any unsolicited or unauthorized content in the form of promotional material, such as junk mail, spam, chain letters or pyramid schemes
e) To make available, transfer or send, in a negligent or faulty manner, any material containing software virus, or any other computer code, files or applications the purpose of which is to interrupt, destroy or limit the operation of any computer or computer system (hardware and software) or any telecommunications equipment
f) To gather, store or make available, in any format, personal information on the other Users
g) To promote any aggression (physical, emotional, etc.) on any group or individual
h) To make available contents promoting any business. This includes, without limitation, the following actions:
(h.1) The offer of sale of any product or service;
(h.2) Sponsorship requests;
(h.3) The promotion, contests or promotions requiring any down payment, membership or enrollment fee;
(h.4) The making available of any type of banners, including without limitation, those generated by banner exchange services
(h.5) The making available of any (graphic or textual) contents promoting services offering money or any other type of consideration by reason of the User inserting links to their servers.
i) To illegally or unduly intercept and/or interfere with any data, systems or equipment for which the User is not authorized, and although said interception and/ or interference is merely attempted.
5.2. The User further agrees not to sell, resell, rent, assign, reproduce, copy or exploit, irrespective of the relevant format, the Service made available by Dream Football. The User further undertakes not to allow the use of the Service for the direct or indirect benefit of third parties without the prior written authorization by Dream Football.
5.3. The User agrees not to breach or attempt to breach the rules for protection of the technological measures and of the information for the electronic management of the rights provided for in the Copyright and Associated Rights Code (Código de Direitos de Autor e Direitos Conexos).
5.4. The User agrees to make a responsible and careful use of the Service.
5.5. The User agrees to indemnify Dream Football, as well as its partners, employees and other personnel, in the event that the violation of these General Terms or the Law results in any type of expense or causes any type of direct damage to the User.
5.6. The abovementioned expenses include, without limitation, the payment of attorneys' fees, payment of compensations to third parties resulting from the contents of the User, and payment of legal fees.
Acknowledging the global nature of the Internet, the User shall be bound by, and hereby agrees to comply with, in addition to these General terms, the Portuguese, European Union and any other laws applicable to them and, in particular, those governing their online behavior and the type of contents they make available, with the consequences herein set forth for the improper use of the Service, or the use thereof in breach of the relevant rules, applying to said Users.
7.1. Dream Football does claim authorship of the contents lodged therein which may be found in its Users' areas, and the use thereof shall only be admitted with the written authorization of the relevant User. However, by placing their contents on the Platform, the User grants a free, universal and non-exclusive license to Dream Football for the latter to make said contents available to the public with a view to disclosing the same on the Platform or on any other space managed by Dream Football. The use shall terminate upon the User's election to withdraw their contents from the Platform and to terminate or cancel their participation in the Service.
7.2. The User shall be solely and exclusively responsible for the contents they lodge, make available and disclose, ensuring to that effect that they have obtained the required licenses and authorizations (including from the people participating in the abovementioned contents), and that the same do not violate third parties' industrial property rights, copyrights or associated rights, or any applicable laws or regulations.
7.3. Dream Football shall have no obligation of previewing, viewing or controlling any contents lodged in the Service. However, Dream Football may, pursuant to the Law and these General terms, refuse or remove any contents violating the provisions of this Clause and Clause 5.
7.4. Irrespective of other consequences provided for in these General Terms or the law, in case the contents in question are included within the scope of Clause 5.1 hereof, said refusal or removal, pursuant to Clause 8, requires no prior or subsequent communication to the User.
7.5 In case the contents in question are not included within the scope of Clause 5 hereof but, in the sole discretion of Dream Football, they are not consistent with the spirit and image of Dream Football, Dream Football reserves the right to refuse or remove the Service, by means of communication pursuant to Clause 8. To that effect, the mere reference to said Clause shall suffice irrespective of any grounds therefor.
7.6. The User acknowledges, accepts and authorizes Dream Football to place publicity and/or references to the partners/sponsors over the contents lodged in the Platform by the User, and to that effect the User undertakes to obtain the required authorizations from the holders of any rights over the contents.
8.1. The User accepts that Dream Football may, in its sole discretion, and at any time and with or without prior notice, cancel the registration with the Platform, suspend the use of the Service and remove or suspend any contents from its servers, in view of the non-use or any action incompatible or inconsistent as regards the spirit or the wording of these General terms or the laws in force.
8.2. Irrespective of any prior or subsequent communication, Dream Football may, at any time and in its sole discretion, discontinue the supply of the Service or a part thereof to one or all the Users.
8.3. Dream Football further reserves the right to suspend or terminate effective immediately the access to the Service in the following cases:
a. When, in the same session, the User makes 3 consecutive attempts to introduce an incorrect access code
b. When the Service was not used during a period of two (2) consecutive months
8.4. When access to the services is suspended for the reasons described in Clauses 8.3(a) and 8.3(b) above, the User may make another access request in accordance with Clause 4 above.
8.5. Dream Football shall entirely remove the contents and discontinue all registrations which were not used during a period of twelve (12) consecutive months.
8.6. The suspension or termination of the Service by Dream Football pursuant to the preceding paragraphs does not entitle the User or any third parties to any indemnification or other compensation, and Dream Football shall neither be responsible nor in any way may it be held liable for any consequence resulting from the suspension, termination or cancellation of the Service.
8.7. In the situations not referred to in Clauses 5 and 18 of these General Terms, Dream Football shall advise the User in advance, so as to enable them, if they so wish, to safeguard the contents of their area within three (3) business days as from the sending of the email or the posting of information on the homepage of the Service.
9.1. Dream Football also does not guarantee that the Service may be provided in the event of unforeseeable overloads of the systems on which the same is based or of force majeure (extraordinary or unforeseeable events, alien to Football Dream Factory and outside of its control).
9.2. In case the provision of the Service is interrupted by reason of unforeseeable overload of the systems on which the same is based, Dream Football undertakes to resume its proper operation as soon as possible.
10.1. The personal data identified as mandatory at the time of registration with the Platform are indispensable for the provision of the Service by Dream Football. Failure by the User to provide said data or the inaccuracy of the data provided are the exclusive and sole responsibility of the User and may entail the refusal to provide the Service by Dream Football.
10.2. The User's personal data shall be processed and stored by computer means and are intended to be used by Dream Football in connection with the contractual and/or commercial relationship with the User.
10.3. Pursuant to the applicable laws and with no additional charges, the User is ensured the right to access, correct and update their personal data, directly or by means of a written request, as well as the right to oppose to the use thereof for the purposes referred to in Clause 10.2 above. To that effect, the User shall contact through the Platform the entity responsible for processing the personal data.
10.4. Given that the Internet is an open network, the personal data, the other personal information and the whole of the contents lodged in the Service may circulate in the network without security conditions, and may even be accessible to and used by third parties non authorized to that effect. Dream Football may not be held liable for said access or use. On the other hand, by using this Service, whether as User of the space made available or as viewer of contents, it should be stressed that you could be exposed to contents which, contrarily to and irrespective of Dream Football's will, may violate the rules set forth in these General Terms.
10.5. The User authorizes Dream Football to provide their contact details (or those of their legal representative, in case the User is underage) to Dream Football partner clubs, upon their request to Dream Football.
The User agrees to comply with the laws applicable to the processing of personal data, notably Law 67/98, of 26 October 1998, governing the protection of personal data, as well as to observe the rules established in Decree-Law 7/2004, of 7 January 2004, notably those in respect of the sending of communications the receipt of which is independent from any intervention by the addressee.
12.1. The Platform through which the User accesses the Service possesses adequate security levels. However, Dream Football shall not be liable for any losses sustained by the User and/or third parties as result of communications delays, interruptions, errors or suspensions originating in reasons outside of the control of Dream Football, including without limitation, any deficiencies or failures caused by the communications network or third party communication services, by the computer system, the modems, the connection software or any possible computer viruses, or resulting from the download through the Service of virus-infected or corrupted files, or files containing other properties which may affect the User's terminal, in particular when the User fails to install suitable software to protect the access to the Service.
12.2. The access to data and information made in connection with this Service is deemed made by the User. As such, Dream Football declines any liability resulting from any abusive or fraudulent use of the information obtained.
12.3. The data and information provided and the requisition of services requested by the User on the Platform shall have full legal effects, and the User may not invoke the lack of signature so as to avert performance of the obligations assumed.
12.4. Dream Football shall not be liable for the losses or damage resulting from the non-performance or defective performance of the Service when such is not directly or indirectly attributable to its wilful misconduct or serious negligence. In particular, Dream Football shall not be liable for:
(i) errors, omissions or other inaccuracies in connection with the information made available through the Service.;
(ii) damage caused by the User's or third parties' fault;
(iii) the non-performance or defective performance resulting from compliance with rulings from judicial or administrative authorities or;
(iv) the non-performance or defective performance resulting from force majeure events, that is, extraordinary or unforeseeable events alien to Dream Football and outside of its control, such as fires, power outages, explosions, wars, disturbances, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters, or events outside of the control of Dream Football which prevent or hinder the performance of the obligations assumed.
12.5 The User expressly accepts that the use of the Service is made for their account and risk. The Service is provided as announced. Dream Football expressly declines any guaranty, express or otherwise, including without limitation, guarantees of non-violation and infringement of rules by the User.
12.6. Dream Football does not in any way guarantee that:
i) The Service meets any needs or expectations;
ii) The Service is provided without interruptions, in a safe manner, without errors or that it functions infinitely;
iii) The results obtained through the use of Service are correct, true, proper or reliable;
iv) The quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations;
v) Any error existing in the software will necessarily be corrected;
vi) Any material in any way obtained through the use of Service is used for the account and risk of the User, and the User shall be the sole responsible for any damage caused to its computer system and equipment or for any data lost as a result of said operation.;
vii) No oral or written advice or information obtained by the User from or through the Service shall create any guaranty not expressed in these General Terms.
12.7. The User accepts that Dream Football may not in any way be held liable for any damage, including without limitation, damage for loss of profits, data, contents or any other losses (although advised in advance of the possible occurrence thereof) resulting from:;
(i) The use of the impossibility of using the Service;
(ii) The difficulties in obtaining any substitute for the goods, alternative Service or complementary to the Service;;
(iii) The non-authorized access to the Service personal databases;
(iv) The non-authorized change to the Service databases.
The User may make available links to other World Wide Web (WWW) sites or to contents lodged in other servers, provided that they clearly and noticeably identify said links. Dream Football shall have no liability for or control over the contents lodged on servers from other companies, institutions, organizations, public or private entities and individuals.
14.1. The Service provided by Dream Football through the Platform is the responsibility of DreamFootball.
14.2. The User acknowledges that the Service and all the software in connection with the Service contain confidential information and are protected by copyright and associated rights, and by the other applicable laws.
14.3. The User acknowledges that any content in connection with publicity, highlight, promotion or reference to any sponsor or advertiser is protected by the copyright and associated rights laws, industrial property rights laws and other proprietary protection laws. Save with the prior written authorization to that effect by Dream Football, the advertisers or the sponsors, the User may not modify, rent, assign, donate, lend, sell, distribute or create works the creative basis of which is deemed in whole or in part as the work of another, whether in the Service or in the software applied in the Service, or any content found in the public areas of the site.
14.4. In order to use the Service, Dream Football grants to each User a personal, non-transferable and non-exclusive license for the use of its software code for a single computer. To that effect, the User undertakes not to copy, modify, create a derivate work, redesign, revert or in any way try to discover any source code, sell, distribute, sublicense, transfer or in any way alter the software.
14.5. The User agrees not to modify the software in any way, and not to use any modified forms of the software, including with the intent of gaining non-authorized access to the Service or to any reserved content.
14.6. The User agrees not to try and access or access the Service in any way other than through the means formally made available by the Service to that effect.
15.1. Without prejudice to other forms of communication provided for in these General Terms, the notices made to the User in connection with the Service or their relationship with Dream Football, including the possible amendments to these General Terms, may be sent to such email address as indicated by the User at the time of registration with the Platform or through the Service homepage during five (5) business days. The User hereby undertakes to ensure the maintenance of the email address indicated or to notify Dream Football of any change thereto.
15.2. In case the User wishes to contact Dream Football, they may do so through the email address indicated to that effect on the Service homepage.
15.3. Any summons and judicial notifications to the User shall be served at such address as indicated by the User at the time of registration with the Platform.
15.4. The User agrees to notify Dream Football of any change to such address as indicated by the User at the time of registration with the Platform, no later than 10 days as from said change.
15.5. For the purposes of these General Terms, any time period shall be counted as from the date of receipt or public disclosure of the communication.
All infringements to and violations of these General Terms or of any statutory provision shall be notified to Dream Football.
The Service shall commence on the Accession Date and shall be valid for an indefinite period of time, and may be terminated by simple communication by Dream Football to the User, sent at least fifteen (15) days prior to the termination date.
18.1. Without prejudice to the provisions of Clause 8 above, either party may terminate the Agreement in the event of non-performance or defective performance of any of the obligations assumed by the other party hereunder.
18.2. The termination shall become effective 5 days after the receipt of the written communication sent to the postal address of the other party, detailing the grounds therefor, and shall cause the immediate termination of any rights and obligations, except for any possible compensations to which either party may be entitled.
19.1. The User accepts that Dream Football may establish general practices and limits as regards the use of the Service. To that effect, any significant changes to the Service or amendments to these General Terms shall be notified in advance to the User, by any appropriate means and at least fifteen (15) days prior to their effective date. The User shall have the option of rejecting or acceding to the new terms proposed.
19.2. Should the User reject the changes, they may terminate the Agreement by written notice sent to the postal address of Dream Football and to be received by the latter at least 8 eight days prior to the effective date of the changes notified to the User.
19.3. The termination referred to in Clause 19.2 above shall become effective on the effective date of the changes to these General Terms.
19.4. The termination of the Agreement pursuant to the preceding paragraphs shall not grant the right to any indemnification or other compensation.
20.1 The Portuguese Law shall apply to all matters governed by these General Terms, save as otherwise provided for in the law.
20.2. The Lisbon courts shall have jurisdiction to settle any dispute in connection with the interpretation or application of these General Terms, with the express waiver of any other venue.