2. Description of the YellowBox Platform
2.1 YellowBox is an integrated digital marketing platform that brings together various digital marketing tools.
2.2 The YellowBox platform allows: I. to create, edit and manage a multiplatform adaptive website in the desktop, tablet, mobile and facebook versions; II. access a set of engagement tools, such as 'Call me', 'Contact us', 'customer feedback', 'calendar', 'video'. Engagement tools are available in desktop and mobile versions; III. access gift vouchers and pop-up windows like 'before you go' that trigger a message to the user according to their behavior; IV. access an integrated contact manager; V. access to an integrated e-mail marketing tool and an integrated online booking management system.
2.3 The features of the YellowBox platform are available to the Client according to the commercial package purchased by the Client: silver, gold, platinium, campaign or connect.
3. YellowBox Platform Access
3.1 Access to the YellowBox Platform by the Client is automatically created by Páginas Amarelas, S.A., and the login username and password are sent to the Client via email.
3.2 The Client after receiving the access data - username and password - must access the YellowBox Platform and change them.
3.3 The username and password of the login are personal, non-transmissible and for the exclusive use of the Client, and should guarantee and protect in any circumstances the confidentiality and security of the same, namely not disclosing them to third parties and not operating in conditions that allow their decofication and copying. The Client is also solely responsible for all activities that occur on / or through his account with the use of the username and password, and agree to immediately notify the Páginas Amarelas of any security breach in his Account.
3.4 Páginas Amarelas shall not be liable for any loss or damage caused by abusive use of the codes referred to in the previous numbers that are not directly attributable to it as an intent or gross negligence.
3.5 The use of the Platform by third parties using the codes made available by the Páginas Amarelas to the Client, with or without the latter's authorization, shall be deemed to have been performed by the Client, unless otherwise proven.
3.6 Páginas Amarelas reserves the right to restrict or limit access to the Platform or part of it, due to technical, commercial or strategic constraints
4. Technical Restrictions
4.1 Páginas Amarelas reserves the right to carry out regular maintenance and diagnosis of the Platform in order to ensure its stability and proper functioning.
4.2 Páginas Amarelas can add new features to the Platform without the need for prior notice. In the event that the alteration causes the Platform to become totally unavailable, Páginas Amarelas must communicate by e-mail to the address provided in the register, with a minimum of eight (8) days in advance.
4.3 Páginas Amarelas shall not be liable to the Client for any damages that may result from regular maintenance and diagnostic actions to the Platform, as well as alterations to the functionality of the Platform, as described in 4.1 and 4.2.
5.1 The Client undertakes not to use the Platform in a manner that causes, or is likely to cause, the interruption of the provision of the Platform or damages to the regular operation of the Platform, as well as to observe all legal provisions applicable to the use of the platform, in particular not to practice or encourage the practice of illegal or offensive acts of good manners.
5.3 The Client also undertakes not to allow the use of the Platform for the direct or indirect benefit (commercial or otherwise) of third parties without the prior written permission of the Páginas Amarelas.
5.4 In the event that the Client makes available wrong, outdated, incomplete or false information, Páginas Amarelas has the right to suspend or cancel access to the Platform.
5.5 The Client undertakes to make responsible and diligent use of the Platform.
6.1 The YellowBox Platform is a registered site and the service provided through it is the responsibility of the Páginas Amarelas.
6.2 The Client acknowledges that the Platform contains confidential information and is protected by copyright and related rights, industrial property and other applicable laws.
6.3 The ownership of the intellectual / industrial property rights on the Platform, drawings, logos, text, images, audio and video materials belong exclusively to Páginas Amarelas and / or its suppliers, and are not transferred to the Client and can not be transferred, assigned or lined up, in any way, to third parties.
6.5 The Client undertakes to respect in full the rights referred to in the preceding paragraphs, in particular by refraining from performing any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement to the public of such contents or any other unauthorized acts having as their object the same contents.
6.6 The extraction and / or systematic use of part or all of the content of the Platform without prior and express authorization from Páginas Amarelas is expressly prohibited.
6.7 Páginas Amarelas The Yellow Pages has the right at any time, without prior notice, to change the content and configuration of the Platform.
7. Suspension of access to the Platform
7.2 The suspension or cessation of access to the Platform by Páginas Amarelas does not give the Client or third parties the right to any indemnity or other compensation, Páginas Amarelas is not liable or otherwise encumbered for any consequence resulting from the suspension or cancellation of the access to the Platform.
7.3 Páginas Amarelas also temporarily restrict or suspend access to the Platform for the purpose of carrying out maintenance, repair or introduction of functionalities, in which case the temporary restriction or suspension shall be limited to the period strictly necessary for such in accordance with paragraph 4.
8.2 Páginas Amarelas is not liable in particular for indirect damages (such as loss of revenue, among others), for extraordinary damages and / or for the activities of the client's direct responsibility or of third parties.
8.3 The Client expressly acknowledges and accepts that Páginas Amarelas is not responsible for the content of the information or any data made available or received through the Internet, nor for the use that the Client may make of the features that integrate the Platform.
8.4 The Client is solely responsible for any damages suffered or caused to third parties by the improper or unauthorized use of the Platform.
8.5 The Client acknowledges and agrees that it is not possible to ensure continuous, uninterrupted use of the Platform and that there may be situations where the platform is unable to function properly.
8.6 Páginas Amarelas shall not be liable for any litigation to which the Client is a party and which opposes it to a third party due to the direct or indirect use of the Platform
9.1 The personal data provided will be processed and stored in a computerized way and are intended to be used by Páginas Amarelas in the contractual and / or commercial relationship with the Client, for the commercialization of Páginas Amarelas services and for marketing purposes.
9.2 In accordance with the applicable legislation, the Client is guaranteed the right to access, rectify and update the personal data made available to Páginas Amarelas, either directly or through a written request, as well as the right to oppose the use thereof for the purposes set forth in the previous number , and for this purpose contact the entity responsible for the processing of personal data (Páginas Amarelas, S.A.).
The aforementioned Terms and Conditions of Use, their interpretation, execution and fulfillment, as well as anything not specifically provided for, shall be governed by Portuguese law.