Terms of service

  1. Introduction

These Terms and Conditions regulate the access and use of the Web Site https://shroomsmalibu.com/ under the responsibility of SHROOMS MALIBU, LDA, a company with registered office at Rua da Glória, 63 - 2ºE (hereinafter referred to as "SHROOMS MALIBU"). Any legal issues relating to the Web Site may be consulted in the Terms and Conditions, Privacy Policy and Cookie Policy sections which form an integral part of these Terms and Conditions.

The use of this website by any user shall be governed by the following Terms and Conditions and your use of this website shall constitute your acceptance of these Terms and Conditions. If you reject these Terms and Conditions, you must cease using this Web site.

SHROOMS MALIBU may change or update, in whole or in part, the present Terms and Conditions, as well as the Privacy Policy and Cookies Policy. Any amendments or updates to these Terms and Conditions as well as to the Privacy Policy and Cookie Policy will be effective as soon as they are posted on the relevant section of the website. Users are advised to regularly check the Terms & Conditions, Privacy Policy and Cookie Policy sections for the most up-to-date versions.

  1. Licence

Subject to the other provisions of these Terms and Conditions, SHROOMS MALIBU hereby authorizes any user to use this Web Site only for the purposes set out in these Terms and Conditions. The user licence may be revoked by SHROOMS MALIBU at any time. In accordance with the law and these Terms and Conditions, you may not copy, use, transfer, rent, lease, sublicense, alter, adapt, attempt to modify or change the source code, reverse engineer, decompile or disassemble, in whole or in part, the contents of the Web Site. By accessing the website, you acknowledge and accept that the content of the website may be incomplete, inaccurate, not up to date, or may not meet your needs and requirements.

Violation of these Terms and Conditions may result in the withdrawal of the license to use granted by MALIBU SHROOMS, as well as the exercise of its rights to the fullest extent permitted by law in the event of any damages or claims for compensation by third parties.

 

  1. Website Content

The Site and all information and content published on the Site may be changed at any time by SHROOMS MALIBU from time to time and/or without prior notice.

Access to and use of the Website, including viewing the pages of the Website, constitute activities carried out by users.

Users are solely and exclusively responsible for their use of the Site and its content, and for evaluating the information obtained through the Site. In particular, users are solely responsible for providing incorrect, false or third-party information or data without their consent, as well as for the misuse thereof.

The contents of the Site may contain inaccuracies or errors. MALIBU SHROOMS is not responsible or liable in any way for inaccuracies and errors, damages (if any) caused by or resulting from the use of information derived from the site by users.

Since any content downloaded or otherwise obtained is the result of the user's own decision and is done at the user's own risk, any damage (if any) to computers or loss of data resulting from downloading operations by the user is the user's sole responsibility and cannot be attributed to MALIBU SHROOMS.

SHROOMS MALIBU assumes no responsibility for damages (if any) resulting from the impossibility of accessing the services made available through the website or for damages (if any) caused by viruses, damaged files, errors, omissions, service interruptions, content cancellation, issues related to the Internet, service providers or the telephone and/or telematics connection, unauthorized access, data alterations, or related to the non-existence and/or malfunction of the user's electronic devices.

The user is entirely and exclusively responsible for any actions carried out through his user account, either directly or through third parties authorized by the user. SHROOMS MALIBU has adopted the appropriate technical and organizational measures to safeguard the security of the services it provides through the website, to ensure the integrity of electronic traffic data, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of its users, contained in the website, or related to the access - unauthorized or in breach of applicable legal provisions - to such personal data and information.

SHROOMS MALIBU does not and cannot guarantee that the website is free of viruses or any other element that may adversely affect technology.

  1. Intellectual Property Rights

All rights are reserved. The website and all its contents, including without limitation articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names and any other elements that may be covered by proprietary rights (including source codes) and/or other forms of intellectual property rights (hereinafter "Material"), are the property of SHROOMS MALIBU or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties regarding Intellectual Property Rights. Nothing in the Terms and Conditions and/or in the contents of the Web Site shall be construed as implying, accepting or in any way licensing the right to use any Material in any manner whatsoever without the prior written consent of SHROOMS MALIBU or the third party owner of the Material or the intellectual property rights published on the Web Site. Use, copying, reproduction, alteration, republishing, updating, downloading, e-mailing, transmitting, distributing or duplicating, or any other abusive act of the Material not specifically identified, but of the same nature, is prohibited.

You may, however, view and display the content of the Web site and/or the Material on a computer screen, store such content in electronic form on disk (but not on a server or memory device connected to the Internet) or print a copy of such content for your personal, non-commercial use, but you must retain all information relating to intellectual property rights.

Access to the website does not grant the user any rights over the content made available by SHROOMS MALIBU.

  1. Access to the Web Site. Interruption and Suspension

SHROOMS MALIBU provides access to the Web Site without prejudice to the possibility that such access may be suspended, limited or interrupted at any time, in particular to allow for the recovery, maintenance or introduction of new features or services.

SHROOMS MALIBU will use its best efforts to restore access as soon as possible.

  1. Personal Data Protection and Privacy

Users are advised to read and review the Privacy Policy, which is an integral part of these Terms and Conditions, to understand how the website collects and uses your personal data and for what purposes.

  1. Links to other Web Sites

The possible provision by SHROOMS MALIBU on the Website of links ("Links") to third party websites or to content made available by third parties ("Other Sites") is included solely for your information and convenience. SHROOMS MALIBU does not control the Other Web Sites and is therefore not responsible for such Other Web Sites or their content or products (including without limitation reference to social networks) and shall not be liable for any damages or injury which may result from the use of the Other Web Sites by the user as well as in respect of the processing of personal data during internet browsing operations. Access to any Other Web Site through a link on the SHROOMS MALIBU Web Site will be at the user's own risk.

You should therefore pay particular attention when connecting to Other Sites through links on the MALIBU SHROOMS Site and carefully read the relevant Terms and Conditions, Privacy Policy and Cookie Policy.

  1. User Warranties

You acknowledge and represent that:

  1. has read and understood the present Terms and Conditions;
  2. will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the website or its contents, or part of them, as well as refraining from using or reproducing the brands or any intellectual or industrial property rights of MALIBU SHROOMS or third parties;
  3. will not publish or use false, insulting or defamatory information;
  4. refrain from using, directly or indirectly, the services or the website for purposes contrary to law or inconsistent with the provisions of these Terms and Conditions;
  5. will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
  6. will not use software or other automatic or manual mechanisms to copy or access control of the website and/or its content.
  7. Miscellaneous Provisions

The nullity of any of the provisions contained in these Terms and Conditions shall be deemed to be removed from these Terms and Conditions, with the remaining provisions of these Terms and Conditions remaining in full force and producing all their legal effects.

The present Terms and Conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law. Any dispute arising from these Terms and Conditions or related to them, in the absence of a friendly negotiated agreement between the parties, will be resolved by the Judicial Courts of Lisbon, with express waiver of any others.

For any question related to the Terms and Conditions or for any question related to the use of the website, the user may contact the Customer Service through the e-mail to ricardo@shroomsmalibu.com

Date:   

 22.12.2021