Terms of Service
Please read these terms of service carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
- Account means a unique account created for You to access our Service or parts of our Service.
- Application refers to Sagacrew, the software program provided by the Company.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nuno Tiago Vinhanova Tavares, an individual developer based in Portugal, who operates Sagacrew.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. On the Service it is Your name and handle, the series You mark, rate and list, Your likes, and the reports and notes You write.
- Country refers to: Portugal.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Application and the Website.
- Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to sagacrew.com.
- You means the individual accessing or using the Service.
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service. You accept them when You create an Account.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that You are at least 13 years old. The Company does not permit those under 13 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Application is downloaded from the App Store or Google Play, and its use is also subject to the terms of the store You downloaded it from.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a handle or name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company.
- Harassing or bullying any person, or violating the privacy of any third person.
- Sexual content, or content that sexualizes anyone.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Content Moderation
This is how the rules above are applied, so that You know what to expect.
- Automatic checks: a handle or a name is checked at the moment You set it, and refused if it is a reserved word, contains a term from a short list of unambiguous hate terms, or contains hidden characters. Nothing else on the Service is moderated automatically, and no decision about Your Account or Your Content is taken by automated means.
- Reports: any user can report a profile from the Application, choosing a reason (impersonation, hate, harassment, spam, sexual content, other) and adding a note. Reports are read by a person, and You can also report anything by email to support@sagacrew.com.
- Actions: when Content or an Account breaks these Terms or the law, We may ask You to change a name, remove the Content, or suspend or terminate the Account. A suspension ends every session of the Account.
- Reasons: a removal, suspension or termination comes with a statement of reasons sent to Your email address: what was decided, the facts it rests on, the rule of these Terms or the law it rests on, and how to contest it.
- Contesting a decision: reply to that email, or write to support@sagacrew.com, within six months of the decision. A person who did not take the decision alone reviews it and answers within one month.
- Blocking: You can block any Account from the Application. A blocked Account and Yours no longer see or reach each other on the Service.
We apply these rules in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of everyone involved, including Your freedom of expression.
Content Backups
The Company does not guarantee there will be no loss or corruption of data. Where backups of Content are performed, corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users, and the catalog data described below), features and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
The series, episodes, images and other catalog data shown on the Service are provided by TMDB (The Movie Database) and its contributors under TMDB's own terms. The Service uses TMDB and the TMDB APIs but is not endorsed, certified, or otherwise approved by TMDB.
We respect the intellectual property rights of others. If You believe that Content on the Service infringes a copyright, a trademark or another right of Yours, write to support@sagacrew.com with a description of the right, of the Content and of where it appears on the Service, and We will act on it. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your rights.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may suspend or terminate Your Account if You breach these Terms of Service or the law, with the statement of reasons and the right to contest described under Content Moderation. Upon termination, Your right to use the Service will cease immediately.
You may end this agreement at any time by deleting Your Account in the Application, under Settings, Delete Account, which deletes Your Account and its Content at once, or by email as described at sagacrew.com/delete-account.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. These Terms carry a version, the date at the top. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, and the Application will ask You to accept the new version. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service and delete Your Account.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
- By email: support@sagacrew.com