Terms and conditions

‍1. Important Legal Notice

These terms and conditions together with any documents and policies referred to on this page (the “Terms”) set out the terms on which you (“you”) may use our website http://muro.art/ and its subdomains (or as otherwise amended or replaced from time to time, our “Website”) and any content, services and features made available on our Website. When we refer to “MURO”, “we”’, “our” or “us” in these Terms, we refer to MURO, a limited liability company being organised under the laws of Portugal, operating and maintaining the Website. 

Please read these Terms carefully before using our Website. By continuing to use our Website you indicate that you accept these Terms and that you agree to abide by them. If you use our Website in the course of your business or work, you are also agreeing to these Terms on behalf of that business. If you do not agree to these Terms, please stop using our Website immediately.

If you have any questions concerning these Terms or any material appearing on our Website, please contact info@muro.art.

‍2. Information About Us

We, GM MURO GLOBAL, LDA, are a company incorporated under the laws of Portugal with legal address Avenida 24 de julho numero 90 S/L, NIPC: 517620448.

3. Website Materials & Permitted Use 

We are the owner or the licensee of all intellectual property rights (including without limitation copyright, trademarks and design rights (whether registered or unregistered) database rights, and rights in confidential information and know-how) in our Website and in all information, articles and material published on our Website (the “Material”). The Material is protected by copyright laws and treaties around the world and you are only permitted to use it as expressly authorised under these Terms.

In consideration of you complying with these Terms, we grant to you for your personal and lawful use only a non-commercial, non-exclusive, non-transferable, royalty-free, revocable licence to:

• retrieve and view the Material on any device that is compatible with the Website (such as a PC, laptop, smartphone or tablet); and
• share links from our Website using social media tools.

No intellectual property rights in the Materials shall be transferred to you.

You agree that you shall not (either solely or jointly with or on behalf of any other third party) or permit others without our prior written consent: to modify or create derivative works from the Material, or in any way commercially exploit any of the Material; or to create a database in electronic or structured manual form by downloading and storing all or any of the Material from our Website for any purpose whatsoever.

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You also agree that in relation to our Website you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:

• post, publish, broadcast, reference (via links or otherwise) or transmit to or from our Website any material that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or lawful approvals; or
• upload files that contain material protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
• do anything that is in any way unlawful or misleading or fraudulent, or has any unlawful or misleading or fraudulent purpose or effect; or
• transmit, broadcast or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
• damage, interfere with or disrupt access to our Website or do anything which may interrupt or impair our Website’s functionality; or
  delete any author attributions, legal notices, (including without limitation copyright and trademark notices) from any Material; or
• access or attempt to access any area which you are not authorised to access or circumvent or attempt to circumvent any security functionality.

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4. Warranties

We hereby expressly disclaim all warranties, expressed or implied, regarding the reliability or completeness of the website and disclaim all liability for losses arising from the use of this website.

Users of the Website covenant, represent, and warrant that you are eligible under applicable law to agree to these Terms and all related obligations, including but in no way limited to meeting any age, residency legal capacity, competency and all other requirements. Should any limitation or prohibition as to your acceptance of any obligation under these Terms under applicable law, you shall not enter into these Terms and use the Website.

‍5. Identity verification

You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of testing, marketing, informing you about our products and services and for the purpose of identity verification if and when applicable and required by the laws and regulations.

‍6. Prohibited Actions

You hereby fully agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website); (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple subscriptions on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (unless otherwise provided conditionally for the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

‍7. Data Protection policy

We collect and process information about you in accordance with our Privacy Policy. By using our Website you agree that we may use and share your personal data in accordance with the terms of our Privacy Policy.

Where any part of our Website requires you to provide information it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.

We reserve the right to remove any material or posting you make on our Website if we deem this action appropriate.‍

8. Our Liability

This clause sets out our entire liability to you in relation to our Website and the information and material published on it.

Whilst we endeavor to ensure that our Website is always available and that the content on our Website is accurate and complete, we make no warranty in relation to such availability, accuracy or completeness. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. Our Website and any material on it are provided on an “as is” and “as available” basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express and implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.

Subject to the next clause below, to the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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This clause does not affect our liability for:

• death or personal injury arising from our negligence;
• our liability for fraudulent misrepresentation; or
• any other liability which cannot be excluded or limited under applicable law.

‍9. Indemnity

To the fullest extent permitted by law, Users agree to defend, indemnify, and hold MURO harmless, including its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your use of Website; (ii) breach of these Terms; (iii) any breach of your representations and warranties set forth in these Terms; (iv) any other party's access and use of the Website. Notwithstanding the foregoing, MURO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MURO, and you agree to cooperate, at your expense, with MURO’s defense of such claims. MURO will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

‍10 . Linking to our Website

You may link to our Website provided that you do not:

• in anyway suggest that we are endorsing any of your products or services; or
• misrepresent our relationship with you nor present any other false information about us; or
• display or use a link to our Website in a manner that causes the Website or any portion of its content to display within a frame; or
• embed into your website, or link directly to without proper credit and context, any asset, file or resource (for example an image or PDF document) contained in our Website, unless you have our express permission to do so; or
• link to our Website if your website (or any part of it) may be considered to be obscene, defamatory, harassing, offensive or malicious, or if your website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

We may, at our sole discretion, for any or no reason, terminate your right to link to our Website by providing you with written notice. Upon receiving any such written notice you shall immediately remove any such link to our Website.

‍11. Changes to these Terms

We may revise these Terms (and referenced terms and policies) at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are binding on you. 

‍12. Miscellaneous

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms as such rights are personal to you.

If any provision of these Terms shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, such provision shall be deemed to be deleted from these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.

Any failure of MURO to enforce or exercise a right provided in these Terms is not a waiver of that right.

No waiver of any provision of these Terms by MURO shall be effective unless in writing and executed by MURO. No failure or delay by a party to exercise any right, power or remedy under these Terms shall operate as a waiver of that right, or any other right, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that right or any other right, power or remedy.

Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

‍13. Disputes

Parties hereby agree to use their best efforts to engage directly and amicably settle any disagreement, claim or dispute and resolve it in good faith negotiations. Such negotiations shall be considered as a condition to either party initiating a dispute resolution mechanism. Any such dispute arising out of or related to these Terms is personal to you and MURO. In the case of a dispute, you must contact us by sending an email to support@muro.art so that we can attempt to resolve it without resorting to formal dispute resolution.

‍14. Class Action Waiver

Where permitted under the applicable law, you and MURO agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and MURO specifically agree otherwise, the court or arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The court or arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of an individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users of the site services. If, for any reason, a claim or dispute proceeds in court rather than through arbitration, each party also knowingly and irrevocably waives any right to trial by jury.

‍15. Jurisdiction & Applicable Law

The Portuguese courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you or to enforce proceedings already concluded for breach of these conditions in your country of residence or any other relevant country. 

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Portugal.

‍16. Contact

We may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

To contact us with any questions or concerns in connection with these Terms, or the Website, send your questions, comments or suggestions to support@muro.art.