- SCOPE AND OBJECTIVE
- GENERAL CONDITIONS
- INTELLECTUAL PROPERTY RIGHTS
- USER REGISTRY
- FINAL TERMS
1.1. The current Terms of Service ("Conditions") establish rules for the access and use of the internet website of PPL www.ppl.com.pt or www.ppl.pt ("Website" or "PPL"). Its usage assumes full acceptance and compliance with the terms hereby listed.
1.2. The Website is the sole property of Orange Bird Lda. ("Orange Bird"), holder of the unique number for a collective individual, 509 892 116, registered in Portugal.
1.3. Orande Bird reserves the right to change, edit or suppress these Conditions, without prior notice, producing the consequent changes and effects on the Website. Users will be advised when the Terms of Service are updated.
2.1. The purpose of the Website is to serve as an intermediary between the registered users that wish to promote their projects ("Promoters") and the registered users that wish to support the Promoters and their respective projects through a voluntary monetary contribution ("Supporters").
2.2. The users, both Promoters and Supporters, will use the Website at their own will and responsibility, namely having the obligation to:
a) Respect the authorship and intellectual property of Orange Bird;
b) Respect the authorship and intellectual property of the Promoters;
c) Use the Website and its contents in a correct and adequate manner, in accordance with the Conditions to which they have declared having read, understood and integrally accepted, before using the Website;
d) Not modify the software of the Website, namely with the purpose of obtaining unauthorized access to any of its contents.
2.3. Anyone, accepting the present Conditions, may access the Website, exception made specifically for the publication of projects, which is accessible only to people over the age of 18 years.
2.4. The content authored by the Promoters and the links to which the Website may redirect belong to, are licensed or made available by Orange Bird
2.5. Users of the Website, when accessing third party websites through the Website, do so at their own will and risk. Orange Bird will have no responsibility regarding any potential damage suffered, namely due to anomalies, virus or any other caused by access to these.
3.1. The contents of projects made available at the Website are of the exclusive responsibility of their Promoters. Any information, data, text, software, music, sound, image, video or other material published by the Promoters are of their exclusive responsibility.
3.2. By publishing the contents of their projects on the Website, the promoters authorize Orange Bird to communicate them, use or copy them for the purposes of promoting to Supporters or potential Supporters as well as for the purpose of other communications by the Website and the normal activity developed by Orange Bird.
3.3. Orange Bird reserves the right to not make available on the Website content from any project with racist, discriminating, violent or offensive content.
3.4. Likewise, no Projects will be accepted that prove to contain content that do not respect Intellectual Property Rights of third parties or include false statements or information. Orange Bird reserves the right to block any content or cancel any project that disrespects these rights, without prior notice and without any compensation taking place.
3.5. Albeit Orange Bird advises to the admissibility of content referred to in 3.3 and 3.4 above, given a situation where a Promoter or Supporter produces inadmissible content, the responsibility for this content is solely attributed to the respective Promoter or Supporter. Orange Bird will have no responsibility for such content and it will conduct what validations are required in order to enforce 3.4 above.
3.5. Orange Bird authorizes users of the Website to access its content for personal purposes as well as the creation of links to the Website. The link to the Website must at all times be explicit and no embedded linking is accepted without the formal acceptance by Orange Bird.
3.6. It is forbidden to copy, transfer, distribute or store any of the Content of the Website, by its Users, for any purpose other than strictly personal, namely for commercial purposes, without the prior written consent by Orange Bird and/or the Promoters.
3.7. The same applies for any new content that integrates partially or totally any of the Website contents.
3.8. Orange Bird reserves the right to change, suspend or discontinue any Content or Project on the Website, without prior notice or right to compensation for any occurred financial contribution thus far if it concludes that any material infringes any of the current Terms of Service.
4.1. Every intellectual property and authorship rights connected to the Contents on the Website belong to or are licensed to Orange Bird.
4.2. The reproduction or representation of all or a part of any Content of the Website is strictly forbidden and is subject to prior written authorization by Orange Bird or the holder of the registry for that Content.
5.1. A personal registry and login is required for the use of functionality such as "Create a Project" and "Support a Project". For this purpose, personal data will be gathered (user name, email, password and any other information deemed required) through the functionality "Create User Account".
5.2. Required data will be highlighted and is a requirement for the User Account to be valid and active. The omission or validity of data supplied by the User is of its exclusive responsibility.
Relation with Promoters and/or Supporters
6.1. Orange Bird will function in all circumstances as an intermediary between Supporters and Promoters, not guaranteeing the success of any Crowdfunding project through its Website and detaining no power to represent any of the parties involved.
6.2. No responsibility can be allocated to Orange Bird regarding the relationships that come to be established among the parties, namely regarding any potential damage or fraud caused.
6.3. The Promoters of a project are exclusively responsible for the execution of their projects as well as for the compliance with the delivery of the respectively promised awards. Orange Bird does not guarantee under any circumstance the success of the projects or the delivery of the rewards.
6.4. Any support to any project conceded through the use of any third-party Payment System is subject to the terms of service of that entity which may be consulted on the corresponding websites.
6.5. Any transaction done in the Website, through the use of third party Payment Systems may be subject to commissions determined by the third party and to which Orange Bird is unrelated and unbeknownst.
6.6. Under no circumstance may any anomaly or malfunction of a third party Payment System be imputable to Orange Bird.
6.7. Orange Bird, in its role as an intermediary between Supporters and Promoters and in accordance with the functioning rules of the Crowdfunding model at use (where the promoter receives his funding only if he obtains at least 100% of the target amount within the timeline defined) will hold the Supporter investment, making it available in his/her PPL account or in the form of a contribution to a project that the Supporter has invested in.
6.8. All amounts in PPL accounts (“PPL balance”) will only be used to back available campaigns on the website through express consent of the backers.
6.9. Without prejudice to the provisions of the following paragraph, Orange Bird will return to the backers any amount that was not used to back a campaign on the website as long as the backer has explicitly requested the withdrawal and provided the necessary information for the transaction.
6.10. Orange Bird reserves the right to allocate PPL account balances that remain inactive for a period of more than 2 years, counting from the date of the last movement, to projects available on the Website that fall into the same category of the initially supported project by the account holders. If the user has not previously supported any project and his PPL account has been inactive for more than 2 year from the date of the last transaction, Orange Bird reserves the right to allocate its balance to any available project on the website, regardless of their nature. Orange Bird undertakes to notify all those Supporters who have a positive balance in their PPL account so that they can support another project in good time or request a refund of that balance, in accordance with the terms of the previous number.
Supporters and Promoters
6.11. Supporters are free to support any project with any value they wish. There is no maximum or minimum value for a contribution. The origin and responsibility for the investments made is of the sole responsibility of the backer.
6.12. Project promoters may contribute to their own project, keeping their own contribution to no more than 20% of the target amount. They may contribute to a project in the name of a third party (that are unwilling or unable to register with PPL), but must, for this purpose, identify the original supporter.
6.13. Project promoters that have successfully funded their projects commit to keeping with their obligations, namely the duty to keep updated all Supporters as well as to deliver, on time, the promised rewards.
6.14. The fund raising for a single campaign is limited to a maximum of 10 (ten) times the target amount.
6.15. Project promoters commit to only offer the project in a single crowdfunding platform.
6.16. Project promoters commit to pay Orange Bird Lda a fee of 5% over the raised amount, as long as the project has raised at least 100% of its target or for contributions that were pledged unconditionally. VAT taxes apply over the fee.
6.17. Project promoters will also pay a 2% fee to Orange Bird over the raised amount, as long as the project has raised at least 100% of its target or for contributions that were pledged unconditionally, to cover payment fees charged by third parties and to which Orange Bird is unrelated and unbeknownst. VAT taxes apply over the fee.
7.1. Orange Bird respects and preserves to right to privacy for all users of the Website and further complies to all legal terms related to data privacy and protection of personal data, namely the terms stated in Portuguese law "Lei n.º 67/98 de 26 de Outubro (“Lei de Protecção de Dados”)".
7.2. All user data registered in the Website, namely through the use of "Create User Account" functionality, will be available in a digital file, property of Orange Bird, being such treatment of information duly legalized under the National Commission for Data Protection.
7.3 All data collected by Orange Bird through its website will be utilized for the creation of a digital file with the authorized users of the Website and also for the management of the user relationship with Orange Bird, the Promoters and Supporters. This data may be utilized for communication and promotion activities developed by Orange Bird, Promoters or commercial partners, in accordance with current legislation. Users have the option to not receive unsolicited information.
7.4 All users of the Website that wish to register further functionality may access the "Create User Account" functionality, declaring that:
b) They realize that any website is vulnerable to unauthorized third party intrusion or virus attack, thus sharing the risk of any such malpractice.
c) They accept any such risks from the natural usage of an online medium.
7.5. The user registry functionality of "Create User Account" has available the option for users to choose to receive information related to Orange Bird or PPL activity and the projects therein.
7.6. Any user may access, freely and anytime, its personal data as well as correct, modify or cancel any data through the Website or through a direct request to the email email@example.com
7.7. Any personal data from users that are under age must be submitted or shared with prior consent from the legal representatives that are entitled to the rights listed above.
7.8. Orange Bird will conduct all efforts and due diligence in order to ensure the good functioning of all technical means to avoid any loss, misusage, change or unauthorized access to any personal data.
7.9. Orange Bird may not be held accountable for any damage due to illegal access to data transmitted over the internet in relation to the Website.
7.10. Notwithstanding all the information and data collected through the "Create User Account" functionality, Orange Bird will, additionally, collect anonymous information through the its Website. This information may be relative to browser type, operating systems used, date and timestamp of access to the Website, making use of control technologies such as cookies.
7.11. All anonymous information so collected is destined, exclusively, to support improvement of the Content and Functionality of the Website.
8.1. If any term is deemed null or cancelled, it will not in any way affect the validity of the remaining terms.
8.2. More than any term or condition stated, the Portuguese Law in practice is given priority. In case of potential conflict due to misinterpretations or the misapplications of the terms, the legal authority of the Tribunal da Comarca de Lisboa, Portugal, will be the sole party competent to determine the applicable reasoning.