Terms and Conditions of Use (I Challenge You)

TERMS AND CONDITIONS OF USE
“DESAFIO-TE”

Before accessing and using the website, please read the Terms and Conditions of Use carefully. By accessing and using the services of this website, the User declares to have read, understood and accepted the Terms and Conditions described below, without the need for any subsequent act or consent.

The Terms and Conditions of Use may be changed at any time by PinkDialogues, Lda. (“PinkDialogues”), and the changes are considered to take effect from the date they are posted on the website. Subsequent access and use of the website by the User will be considered an unequivocal sign that the User has read, accepted and understood the amended Terms and Conditions.

In these Terms and Conditions of Use, PinkDialogues establishes the conditions under which it provides Users of the page www.desafio-te.pt, who wish to participate in “Desafio-te” (“Author(s)” or “User(s)”) and who are selected by it, with online platform and content management services, definition of templates and design of the website, hosting on servers, advertising, image editing, licensing, publishing and text composition training for those who wish and love creative writing, under the following terms:

A. TERMS OF USE
  1. Each Author's participation in this project requires prior registration and payment of a subscription.
  2. Each User may publish up to a maximum of 4 (four) texts every 30 days, and may submit them for approval through the website www.desafio-te.pt or by sending them via e-mail to hello@pinkdialogues.pt. If the User does not publish the maximum number of texts allowed within the 30 days referred to in their Subscription, the number of texts remaining unpublished in that period will not carry over to the next 30 days, and the User cannot demand a refund of the corresponding amount from PinkDialogues.
  3. The submission of a text by a User, through one of the channels permitted by PinkDialogues, grants PinkDialogues the right to publish the text, without any consideration or responsibility being demanded from the User. The text submitted by the Author will be published within 7 (seven) days following its submission, except in specific situations where the review of the texts does not depend solely on PinkDialogues (but also on the Author).
  4. PinkDialogues expects/estimates the weekly publication of one text per Author. If the Author submits more than one text on the same day, or with an interval of less than 7 (seven) days between them: the first text submitted will be published within 7 (seven) days; the remaining texts may or may not be published within the 7 (seven) days following their submission date, being published in the two weeks immediately following the publication of the first text.
  5. Authors have freedom regarding the topics to be submitted and published, provided that the rights and freedom of third parties are respected, and offensive, discriminatory language that incites violence or is sexual in nature or intended to denigrate someone or some practice should not be used, without prejudice to the critical nature of the submitted texts. Texts that fall into one or more of these categories will be automatically rejected and deleted by PinkDialogues.
  6. The editorial line allows literary texts, opinion pieces, short stories, fiction, or testimonies. Informative texts must always mention the source (name of the source and respective link that redirects — and serves as proof of the veracity of its content — to the original information, published on the source's website). Texts of another nature and/or without identification of the source may be rejected, and PinkDialogues is not obliged to refund any amount if, with this rejection, the Author publishes fewer texts than they would be entitled to in that month.
  7. In all texts, the respective author will be identified according to the terms indicated by the User — with their name, a brief biography, photograph, a nickname chosen by the User, and a link for dissemination to their personal project. Biographies should be concise and conceptual. Authors' photographs should preferably show good humor, with a plain and light background behind them (so that the Author can be cut out of the photograph).
  8. All texts submitted by Users are reviewed by PinkDialogues before publication. The subscription implies the User's acceptance of this review by PinkDialogues, which will be solely for the purpose of syntactic and grammatical correction of the texts, without altering their meaning or content.
  9. Texts submitted by Authors will remain published even after their subscription ends, with PinkDialogues retaining the right to publish and disseminate the texts on platforms it deems appropriate, without prejudice to PinkDialogues' right to delete texts after the termination of the subscription by the Author/User for reasons of platform/website space management.
  10. Authors may also publish posters and promotional content for their texts, created by PinkDialogues, on the platforms they deem appropriate, and must respect all intellectual property rights of PinkDialogues, including, but not limited to, those related to graphics, design, as well as all those that are part of the brand and identify PinkDialogues.
  11. Users acknowledge that, although their texts may at any time be accompanied by certain content or advertising, they accept without any restrictions the content or advertising banners chosen by PinkDialogues, regardless  of any personal, moral, political or other evaluations. Users acknowledge and accept that they will not claim any amounts from PinkDialogues for the revenues generated by the insertion of said content.
  12. Each User will be responsible for paying a monthly, bimonthly or quarterly subscription (“Subscription”) for the Services provided by PinkDialogues, which is listed in the price list presented on the website.
  13. The monthly (30 days), bimonthly (60 days) or quarterly (90 days) Subscription takes effect on the day immediately following the creation of the Author's profile by PinkDialogues on the website www.desafio-te.pt, and ends on the last day of the 30, 60 or 90-day plan to which their Subscription refers, and the service cannot be demanded outside these periods. In the case of a renewal, it takes effect within 48 hours of payment of the renewal.
  14. The Author's profile will be created within 5 business days after the User sends all the necessary data for its creation. This data must be sent to the email hello@pinkdialogues.pt.
  15. The User must submit their last text of the month for approval up to 7 (seven) days before their subscription plan ends, in order to allow PinkDialogues the necessary time for its review, material creation, and publication still during the Author's subscription period.
  16. If the User does not comply with the deadline established in the previous number and their Subscription ends at the end of that 30-day period, PinkDialogues does not guarantee the publication of this text. If the Subscription is extended for another 30 days, PinkDialogues reserves the right to consider its publication only in the following 30 days.
  17. The price of the Subscription may be changed at any time by PinkDialogues, automatically taking effect on new subscriptions and renewals made from that date. Subscriptions and renewals that are already ongoing at the time of this change will not undergo any price change. The new price will only be applied in a future renewal/subscription.
  18. Registrations/renewals are limited to allow individual management by PinkDialogues of each submitted text.
  19. The Subscription fee does not include any acts for the protection of copyright and related rights, with each Author being responsible for the copyright of the texts they submit. Without prejudice to the faculty provided for in the following number, PinkDialogues cannot be held liable for any improper use of the texts by the User.
  20. If there is a complaint of exploitation in violation of third-party copyrights in a text submitted by a particular Author, the text is automatically deleted by PinkDialogues, which may remove the said User for non-compliance with the Terms and Conditions of Use, thereby terminating the contract with the said User.
  21. In the event of the User being removed under the terms provided in the previous number, PinkDialogues will not refund the subscription fees already paid by the User.
  22. In the event of a claim brought by third parties, based on the violation of copyright, the person identified as the Author of the text subject to the alleged violation will be obliged to indemnify PinkDialogues for all costs and damages it may suffer due to the alleged violation, with the Author assuming all responsibility for their actions towards PinkDialogues and towards third parties, including lawyers' fees, judicial costs and charges that PinkDialogues may incur.
  23. Once the User's subscription period ends, without renewal at least 7 (seven) days in advance, the contractual relationship with PinkDialogues ceases, and PinkDialogues is not obliged to accept future registrations.
  24. Without prejudice to the right of publication on its platforms provided in item 9. of these Terms of Use, in case of termination of the contractual relationship, PinkDialogues undertakes not to make any other use of the former User's texts, guaranteeing them the right to withdraw the texts, upon express written request, in accordance with its Privacy Policy.
B. PRIVACY POLICY
  1. PinkDialogues, Lda. is strongly committed to respecting the privacy of Users. For this reason, it has prepared the following Privacy Policy to properly inform you how the website works and how your personal information is treated.
  2. Any change to our Privacy Policy, subsequent to your active submission of personal data, and which calls into question the purposes for which you provided it, will be brought to your attention if you have provided us with a means of contact for this purpose.
  3. When you visit our website and subscribe to any of the available features, we need to collect some of your personal data to send you the information or clarification you requested.
  4. Beyond what you provide for publication with the texts, we will not collect personal information that can identify you or that relates to your personal details, without your consent. We may, therefore, collect and store information that you voluntarily choose to provide us with, including, but not limited to, individualized personal information such as your name, address, email address, and phone number.
  5. If it is necessary for you to provide us with personal information to access certain functionalities, you will be expressly informed of how that information will be used.
  6. The User authorizes PinkDialogues to automatically process the personal data provided when using the website www.desafio-te.pt, in particular, through the use of cookies.
  7. In accordance with the law, personal data holders have the right to access, freely and without restrictions, confirming, rectifying, deleting or blocking the data they have provided, and may exercise this right, in person or in writing, at the address of this institution duly identified on the website, at any time and without any charge, in accordance with the provisions of Law no. 67/98, of October 26.
  8. Minors under 18 years of age must obtain authorization from their parents or guardians before providing personal data to PinkDialogues. 

C. RETENTION OF PERSONAL INFORMATION

  1. After collecting individualized personal information that you voluntarily provided, PinkDialogues will store and maintain it until you instruct otherwise, or until the law requires its deletion. The retention of this information allows PinkDialogues to continue providing you with personalized services without interruption.
  2. Any User may freely choose whether or not to provide any individualized personal information.
  3. In these terms, if you do not wish to receive communications from PinkDialogues, even after having provided us with your data, please contact us by e-mail at hello@pinkdialogues.pt.
D. SECURITY AND USE OF INFORMATION
  1. PinkDialogues undertakes to ensure the privacy of visitors to its website on the Internet.
  2. PinkDialogues does not sell, rent, or otherwise make available to third parties any personal data submitted by users of our website.
E. INTELLECTUAL PROPERTY
  1. All content on the website www.desafio-te.pt is the intellectual property of PinkDialogues, and cannot be copied or reproduced, except to the extent strictly necessary to allow its online reading.
  2. The content on the website is produced by internal and external sources, and therefore PinkDialogues is not responsible for the lack of updating and/or inaccuracy of this information.
  3. All texts, images, illustrations, photographs, trademarks and other elements of the website www.desafio-te.pt are protected by law.
  4. Users who have a website, blog, or page on an Internet platform and wish to place, for their personal use, a link directly to PinkDialogues' website www.desafio-te.pt must request authorization for this purpose. This authorization can, under no circumstances, be considered an implicit affiliation agreement.
  5. All and any links redirecting to the website www.desafio-te.pt and using framing or inline linking techniques are formally prohibited.
F. USE AND RISK
  1. Neither PinkDialogues nor any other party involved in the creation, production, maintenance, or implementation of the website can be held responsible for any losses or damages in terms of civil liability (including, but not limited to, consequential damages, lost profits, and moral damages, caused directly or indirectly), arising from the correct or incorrect use of the website and its content by the User, access to the user's computer and IT system by third parties, viruses, etc.
  2. Despite committing to the security of its website and implementing appropriate technical, physical, and logical protection measures to ensure its protection, PinkDialogues does not guarantee or declare that files available for download on the website are free from viruses, worms, Trojan horses, scripts or any other code or program containing destructive or harmful properties.
  3. The information contained on the website should be viewed in its informative aspect. Despite PinkDialogues' efforts to keep the content updated and reliable, it may contain inaccuracies, typographical errors, or be outdated, and may be changed at any time without PinkDialogues having an obligation to provide prior notification.
G. OPERATIONAL POLICY
  1. The use of the website for illegal purposes or any other purposes that may be considered unworthy of PinkDialogues' image is expressly prohibited.
  2. Usurpation, counterfeiting, exploitation of usurped or counterfeit content, illegitimate identification, and unfair competition are criminally punishable.
  3. The User is also prohibited from creating or introducing any types of viruses, worms, Trojan horses, scripts, or any other code or program containing destructive or harmful properties into this website, or advising third parties to do so.

H. APPLICABLE LAW AND COMPETENT COURT

These Terms and Conditions of Use are governed by and interpreted in accordance with Portuguese law. The Court of Lisbon has jurisdiction, to the exclusion of any other, to resolve any conflicts arising from the interpretation and application of these Terms and Conditions for the use of the website.

 

Updates:
April 30, 2016 (email address change)
August 19, 2016 (text submission deadline change)
October 26, 2016 (plan definitions and renewal period change)