APPLICATION END USER LICENSE AGREEMENT
Thanks for choosing RealFevr (“RealFevr,” “we,” “us,” “our”). RealFevr offers the possibility to play Fantasy Leagues of both national and international competitions. The application is Multi-Competition, Multi-Model, Multi-Platform, and has real-time monitoring of players’ performance during games, and In-App News regarding the team and players available. By signing up or otherwise using any of these RealFevr services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “RealFevr Service” or “Service”), or accessing any other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with the RealFevr entity indicated in Section 25 (Contact us).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, and limitations of liability, privacy, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on RealFevr’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the RealFevr Service or access any Content.
In order to use RealFevr’s Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where the Service is available. You also promise that any registration information that you submit to RealFevr is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:
If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.
|Andorra*, Argentina*, Australia, Austria*, Bahrain, Belgium, Bolivia*, Costa Rica*, Czech Republic, Denmark*, Dominican Republic, Ecuador, El Salvador*, Estonia, Finland, France*, Greece*, Guatemala*, Honduras*, Hong Kong, Iceland, India, Ireland, Israel, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia*, Malta*, Mexico*, Monaco*, Morocco, New Zealand, Nicaragua*, Norway*, Oman, Palestine, Panama*, Paraguay*, Philippines*, Poland*, Portugal*, Qatar, Saudi Arabia, Singapore, South Africa, Spain*, Sweden, Switzerland, UAE, Turkey*, United Kingdom, Uruguay, Vietnam||Must be 18 or older, or be 13 or older and have parent or guardian consent.|
|Algeria||Must be 19 or older, or be 13 or older and have parent or guardian consent.|
|Brazil||Must be 18 or older, or be 16 or older and have parent or guardian consent.|
|Bulgaria*, Colombia*, Chile, Hungary, Peru, Romania||Must be 18 or older, or be 14 or older and have parent or guardian consent.|
|Canada||Must be 13 or older to use the Free Service. For RealFevr Premiums, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.|
|Cyprus*, Italy, Lithuania, Netherlands||To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a RealFevr Premium, must be 18 or older, or be 13 or older and have parent or guardian consent.|
|Egypt, Indonesia||Must be 21 or older, or be 13 or older and have parent or guardian consent.|
|Japan, Taiwan, Thailand||Must be 20 or older, or be 13 or older and have parent or guardian consent.|
|Slovakia*||Must be 16 or older, or be 13 or older and have parent or guardian consent.|
|Tunisia||Must be 18 or older.|
Changes to the Agreements
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a RealFevr Premium through a third party, you must cancel the applicable RealFevr Premium through such third party.
Here’s some information about all the ways you can enjoy RealFevr.
1.1 Service Options
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a RealFevr account. Certain options are provided to you free-of-charge. The RealFevr Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (“RealFevr Premium”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the RealFevr Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
Payments, cancellations, and cooling off
You may have access to RealFevr Premium by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) through campaigns and partnerships that may have specific Terms & Conditions associated.
RealFevr may change the price for the RealFevr Premium, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the RealFevr Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from RealFevr Premium prior to the price change going into effect.
1.3 Renewal; Cancellation
Your payment will automatically renew at the end of the applicable subscription period, unless you cancel your RealFevr Premium before the end of the then-current subscription period by canceling the RealFevr Premium through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service, losing access to all Premium benefits.
Using our service
The RealFevr Service and the Content are property of RealFevr or RealFevr’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the RealFevr Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or RealFevr. You promise and agree that you are using the RealFevr Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the RealFevr Service or the Content.
The RealFevr software applications and the Content are not sold or transferred to you, and RealFevr and its licensors retain ownership of all copies of the RealFevr software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All RealFevr trademarks, service marks, trade names, logos, domain names, and any other features of the RealFevr brand (“RealFevr Brand Features”) are the sole property of RealFevr or its licensors. The Agreements do not grant you any rights to use any RealFevr Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the RealFevr Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, RealFevr grants no right, title, or interest to you in the RealFevr Service or Content.
Third party software (for example, open source software libraries) included in the RealFevr Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Third Party Applications and Devices
The RealFevr Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the RealFevr Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that RealFevr does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does RealFevr warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the RealFevr Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the RealFevr Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including RealFevr’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by RealFevr may contain advertising as part of the Content. The RealFevr Service makes such Content available to you unmodified.
If you provide feedback, ideas, or suggestions to RealFevr in connection with the RealFevr Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize RealFevr to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
RealFevr respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure RealFevr stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the RealFevr Service or the Content, or otherwise making any use of the RealFevr Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the RealFevr Service or the Content or any part of it;
- using the RealFevr Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the RealFevr Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the RealFevr Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the RealFevr Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without RealFevr’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the RealFevr Service or the Content];
- circumventing any technology used by RealFevr, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing, or leasing of any part of the RealFevr Service or the Content;
- circumventing any territorial restrictions applied by RealFevr or its licensors;
- manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing or blocking advertisements in the RealFevr Service, or creating or distributing tools designed to block advertisements in the RealFevr Service;
- providing your password to any other person or using any other person’s username and password;
- “crawling” the RealFevr Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from RealFevr or the RealFevr Service;
- artificially promoting Content by automated means or otherwise.
Please respect RealFevr, the owners of the Content, and other users of the RealFevr Service. Don’t engage in any activity, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of RealFevr or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by RealFevr;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by RealFevr;
- interferes with or in any way disrupts the RealFevr Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or RealFevr’s computer systems, network, usage rules, or any of RealFevr’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by RealFevr.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that RealFevr reasonably believes violates these User guidelines) may result in immediate termination or suspension of your RealFevr account. You also agree that RealFevr may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Service limitations and modifications
RealFevr will make reasonable efforts to keep the RealFevr Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. RealFevr reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the RealFevr Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the RealFevr Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
RealFevr and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
If you establish a RealFevr account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department through firstname.lastname@example.org. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.
Term and termination
The Agreements will continue to apply to you until terminated by either you or RealFevr. RealFevr may terminate the Agreements or suspend your access to the RealFevr Service at any time, including in the event of your actual or suspected unauthorised use of the RealFevr Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or RealFevr terminate the Agreements, or if RealFevr suspends your access to the RealFevr Service, you agree that RealFevr shall have no liability or responsibility to you, and RealFevr will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your RealFevr account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
All sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
YOU UNDERSTAND AND AGREE THAT THE REALFEVR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. REALFEVR AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER REALFEVR NOR ANY OWNER OF CONTENT WARRANTS THAT THE REALFEVR SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, REALFEVR MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE REALFEVR SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND REALFEVR IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM REALFEVR SHALL CREATE ANY WARRANTY ON BEHALF OF REALFEVR. WHILE USING THE REALFEVR SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING REALFEVR’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE REALFEVR SERVICE IS TO UNINSTALL ANY REALFEVR SOFTWARE AND TO STOP USING THE REALFEVR SERVICE. YOU AGREE THAT REALFEVR HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE REALFEVR SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO REALFEVR, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL REALFEVR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE REALFEVR SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER REALFEVR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE REALFEVR SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO REALFEVR DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND REALFEVR’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits RealFevr’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and RealFevr, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from App Store or Google Store, you acknowledge that you have read, understood, and agree to the following notice regarding Apple or Google. This Agreement is between you and RealFevr only, not with Apple or Google, and Apple or Google are not responsible for the Service and the content thereof. Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple or Google and these will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple or Google has no other warranty obligation whatsoever with respect to the Service. Apple or Google are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple or Google are not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, Google and its subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and RealFevr, the Agreements constitute all the terms and conditions agreed upon between you and RealFevr and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Severability, waiver, and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by RealFevr or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive RealFevr’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
RealFevr may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and RealFevr may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold RealFevr harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the RealFevr Service; and (4) your violation of any law or the rights of a third party.
Choice of law, mandatory arbitration and venue
1.4 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by the laws of Portugal and that the Lisbon courts shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising from or in connection with the present Agreements, its subject matter or formation.
1.5 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND REALFEVR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and RealFevr agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
In the event of a consumer dispute defined under the terms of Law no. 144/2015, of 8 September, consumers may use the competent alternative dispute resolution entity.
Without prejudice to the provisions of the law, statutes or regulations that the alternative consumer dispute resolution entity is bound by, consumers may choose to use the European online dispute resolution platform, available at https://webgate.ec.europa.eu/odr, the alternative dispute resolution entity in their place of residence or the alternative dispute resolution entity with special competence, if there is one for the sector in question.
You can see the updated list of all alternative dispute resolution bodies at www.consumidor.pt.
If there is / are no alternative dispute resolution entity(ies) under the terms of the previous point or there is / are, but it / they are not deemed competent due to the value of the dispute, the consumer may use the National Consumer Information and Dispute Arbitration Centre, in Lisbon, email address email@example.com and available at www.arbitragemdeconsumo.org.
If you have any questions concerning the RealFevr Service or the Agreements, please contact RealFevr Customer Service through firstname.lastname@example.org
Thank you for reading our Terms. We hope you enjoy RealFevr!