The following “Service Conditions” or “Conditions” rule the relation between the user and the owner of GeoGo (from now on “GeoGo” or “We/Us”), regarding the utilization made by the user of the serious game of GeoGo and the related services, which include applications for mobile devices and the GeoGo website (the “Service”). In the present Service Conditions, “GeoGo” is property of the Núcleo Empresarial da Região de Portalegre (“NERPOR”) and the União das Associações Empresariais da Região de Lisboa e Vale do Tejo (“UAERLVT”), located respectively in the Parque das Feiras e Exposições de Portalegre, Apartado 202 7300-901 Portalegre and in Várzea de Mesiões, Pavilhão de Exposições da Nersant, 2350-433 Torres Novas.
"We" ensure the respect for the user´s privacy, and we compromise to use the technology in a transparent way and with the strict respect for the private and family life and their rights, freedoms and citizen’s fundamental guarantees.
The transmission of personal data presupposes the consent to the companies responsible for the management of the Serious Game and its respective Services, so they can process them to validate the participations, attribute the respective prizes and elaborate the participants list.
The data will be stored in servers with controlled access and limited by password.
To each properly registered user we ensure the right of information and the right of access to his/her personal data, on the terms of the article 10º and 11º of the Law 67/98, of the 26th of October.
The data holder has the right of opposition in the terms of the article 12. º of the Law n.º 67/98.
The present Contract cannot be changed in any other way unless by written and signed document by the hand of the user and by the GeoGo. For purposes of this provision, “written document” does not include an e-mail message and “signature” does not include an electronic signature.
1.3. Concession of a Limited License of Service Utilization
Subject to the user agreement and the continued fulfillment of these Service Conditions, the GeoGo grants the user a limited license, non-exclusive, non-transmissible, revocable, subject to the limitations of the Sections 1.4 to 1.9, for access and utilization of the Service using a web browser supported by GeoGo (as the Mozilla Firefox, the Google Chrome or the Microsoft Internet Explorer) or mobile device entirely for entertainment without any commercial purposes of the user. The user accepts not to use the Service for any other purpose.
The user understands that, although he/she might “win” virtual items in the game (the Badges) these real world terms are only used as references, the user does not “hold” in fact the Virtual Articles.
1.4. Access to the Service
The user must have all the necessary equipment and software to connect to the Service, including, among other, a mobile device suitable to connect and use the Service, in those cases where the Service offers a mobile component.
The user is responsible for paying any fees, including the Internet connection or mobile phone fees incurred by the user while accessing the Service.
1.5. Service Utilization
The following restrictions of the Service are applied:
a) The user will not have more than one Account and will not create na account using a fake identity or information, or in behalf of other person that is not the user himself;
b) The user will not create and Account or use the Service if he/she had been previously removed by the GeoGo or if he/she has been previously banned from the game;
c) The user will only use its Account for non-commercial purposes;
d) The user will not use the Account to advertise, raise or transmit any commercial advertising, including chain messages, unsolicited advertising or repeated messages (“spim” and “spam”) to anyone;
e) The user will not use his/her Account to engage in any illegal activity;
f) The user will not sublicense, rent, lease, sell, trade, offer, bequeath, or transmit by any means his/her Account or any Virtual Articles associated with his/her Account to anyone without written authorization by the GeoGo;
g) The user will not access or use an Account or Virtual Articles that have been sublicensed, rented, traded, sold, commercialized, offered, bequeathed or that have been, by any means, transmitted by the original creator of the Account without authorization of the GeoGo.
1.6. Way of Participation in the Serious Game
The registration of the Serious Game is free and it is made by registering on the website www.geogo.pt or through a previously downloaded app from Google Play.
Each game corresponds to an itinerary and, before starting it, the user must choose if he/she wants to do an itinerary of the Northern Alentejo, Ribatejo or Mixed, indicating in this case if he/she prefers starting in the Northern Norte Alentejo and finishing in Ribatejo or starting in Ribatejo and finishing in the Northern Alentejo.
Each itinerary has nine different points of interest: Landscape, Fauna, Flora, Pre and Manuelino, Postmanuelino Monuments, Personalities, Gastronomy, Festivities/Traditions/Events and Company. Each point refers to a geographic coordinate.
Each element is associated with different questions and for each one of them we present one right answer and two wrong alternatives. On each itinerary there is only one question for each of the nine elements. The player can answer as many times as he/she desires to questions regarding one point of interest until the score reaches zero (0), but always on a new itinerary. A player can do the same itinerary as many times he/she wants until there are no different questions available. When a player answers a question incorrectly in a particular itinerary, he/she is informed that the selected answer is wrong and he/she is asked to answer again.
If the player is located in one of the regions and he/she is accessing the game via Android, the game will propose as first option initiating from the same starting point of interest which is geographically closer to you.
Before starting the game, the user has access to the information on which prizes (real or virtual) he/she can win, which one are active and what he/she has to do to win them.
The player gets points for each correct answer: a) Correct answer on the first attempt = 10 points; b) Correct answer on the second attempt = 5 points; c) Correct answer on the third attempt = 0 points.
For each question the answering time is presented and saved. This will only be used in case there is a draw or Badge winning.
1.6.2. Virtual Awards / Badges
There are 10 categories of virtual prizes (Virtual awards or Badges), that will be obtained according to the following criteria:
a) Participant: Delivered to all the players that correctly completed his/her first itinerary;
b) Wise guy: Delivered to all the players that answer correctly to all the questions of all the itineraries on the first attempt;
c) Traveler: Delivered to the players that execute all the itineraries using the Android version;
d) Alentejanus: Delivered to all the players that answer correctly and on the first attempt every question about the Northern Alentejo;
e) Escalabitanus: Delivered to the players that answer correctly and on the first attempt every question about Ribatejo;
f) Ecologist: Delivered to all the players that answer correctly and on the first attempt to the questions about the Natural Patrimony (Landscape, Fauna and Flora);
g) Monumentalist: Delivered to all the players that answer correctly and on the first attempt to all the questions about the subject Built Patrimony (Pre and Manuelino Monument; Postmanuelino Monuments);
h) Historian: Delivered to the players that answer correctly and on the first attempt to all the questions about personalities;
i) Festival-Goer: Delivered to all the players that answer correctly and on the first attempt to all the questions about Festivities, Traditions and Events;
j) Gastronomist: Delivered to the players that answer correctly and on the first attempt to the questions about Gastronomy.
The points obtained can be changed for prizes available on the website in the moment they are granted or accumulated. Every prize has a value in points that the user has to spend to change for this prize and receive it. According to the theme and respective sequence, the last point of interest will be a question about a company, so the player can only win prizes related to the companies where he/she arrived to and was able to answer correctly to the question.
When a user changes its points for prizes, he/she will be asked for additional information, different to the one he/she gave when registering. These data will be: full name, locality of residence, date of birth, nationality, profession and, if he/she is under 16 years old, declaration of the legal representative.
All the prizes can be collected locally and are not subject to the user consideration.
You can collect your prize this way: The user, after reserving the prize through the website, gets a code to which the reference of the prize is associated to. After that, the website generates automatically a message that is sent to the player, to the prize´s donating company and to the NERPOR and for the UAERLVT. When collecting the prize, the donating company will have to confirm if the data are correct. For this, the player must show the message he/she received when he/she goes to collect the prize (on paper or electronically).
1.7. Account Information
The user accepts that, in some Websites, his/her user identification number, name and profile photo can be made public and the search engines can index his/her name and profile photo.
1.8. User Name and Password
During the process of creation of the Account, you can be asked to choose a password ("Log In Information"). The following norms rule the security of your Log In Information:
a) The user will not share his/her Account or Log In Information, will not allow other people to access his/her Account, and will not do anything that can endanger his/her Account;
b) If the user becomes aware, or has some reasonable suspicion of any breach of security, including, and without constituting a limitation, any loss, theft or unauthorized disclosure of the Log In Information, will have to notify immediately the GeoGo (by e-mail) and change the Log In Information;
c) The user is solely responsible for maintaining the confidentiality of the Log In Information and will be responsible for all its utilizations, authorized or non-authorized by him/her, until the moment he/she communicates to the GeoGo his/her suspicions of security breaches;
d) The user is responsible for any event or circumstance related with his/her Account until the moment he/she communicates it to the GeoGo his/her suspicions of security breach.
The GeoGo reserves the right to remove or restore any user´s name, at any time and by any reason, including among others, third party claims as the user name violates the rights of such third parties.
1.9. Limitations of the License
It is strictly forbidden any use of the Service in breach of these Limitations of the License, and may result in the immediate revocation of the limited license granted to the user by the Section 1.3. and the user can be considered responsible for violating the law. Any attempt by the user to interrupt or interfere with the Service, including undermine or manipulating the legitimate functioning of any game of the GeoGo, constitutes a violation of policy of the GeoGo and can constitute a violation of the law in a civil or criminal matter.
The user accepts that, in no circumstance, he/she will:
a) Practice any act that the GeoGo considers to be in conflict with the spirit and intention of the Service, including among others, circumvent and manipulate these Conditions, or our norms, functioning or serious game policy;
b) Improper use of support Services of the GeoGo, including the presentation of false reports of abuse or the use of offensive or insulting language in his/her communications with the Support Personnel; or
c) Utilization of the Service, with or without intention, related with any infringement of any applicable law or regulation or engaging in any act that promotes the violation of any law or applicable regulations.
FRAUD AND PIRACY - The user accepts that, in no circumstance, he/she will:
a) Use fraudulent practices, abuse, automation software, “bots”, “hacks”, “mods”, or any non-authorized software from third parties, created to modify or interfere with the Service or in any experience of the GeoGo game;
b) Use the Service to create or aid in frauds, automation software, “bots”, “hacks”, “mods”, or any non-authorized software from third parties, created to modify or interfere with the Service or in any experience of the GeoGo game;
c) Modify or interfere with any files that are part of the Service, without the express written consent of GeoGo;
d) Interrupt, overload, or support or aid the interruption or the overload of (i) any compute or server used to offer or support the Service or the game environment of the GeoGo (each one called a “Server”); or (ii) utilization of the Service or any game of the GeoGo by any other person;
e) Establish, assist or engage in any kind of attack, including and without constituting a limitation, the spread of a virus, denial of Service or other attempts to interrupt the Service, or the use or mocking of the Service by any other person;
f) Try to obtain non-authorized access to the Service, the registered Accounts of other people or other computers, Servers or networks connected with the Service, by any means other than the user interface provided by GeoGo, including, among others, circumventing or modifying, even if in an attempted way, or encouraging or assisting any other person to circumvent or modify any form of security, technology, device or software that is part of the Service.
OFFENSIVE CONTENT OR THAT CONSTITUTE AN INFRACTION - The user accepts that, in no circumstance, he/she will
a) Publish any information considered to be offensive, threatening, obscene, defamatory, libellous or is in any way censurable, or offensive in a racial, sexual, religious or political point of view;
b) Publish any information that contains nudity, excessive violence, or offensive subject, or contains a link to this content;
c) Try to harass or harass, abuse or cause damage or advocate or incite harassment, abuse or damages to others, group, including the GeoGo employees, as well as the representatives of the Service of the GeoGo with the client;
d) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right to privacy, right of advertising, or other right of any person or entity or personification of any other person, including and without constituting a limitation, an employee from GeoGo.
COMMERCIAL ACTIVITY - The user accepts that, in no circumstance, he/she will:
a) Use, without the prior written consent of GeoGo, the Service, or parts of it, for any commercial purpose, including among others (i) the communication of any advertisement or commercial canvass;
b) Use the Service, or parts of it, for the execution of Services in the game, as Services of articles collection through a payment outside the Service;
c) Transmit unauthorized communications through the Service, including unsolicited advertising, chain messages, “spam” and any materials that promote “malware”, “spyware” or downloaded articles.
UTILIZATION OR NON-AUTHORIZED CONNECTION TO THE SERVICE - The user accepts that, in no circumstance, he/she will:
a) Interfere or try to interfere with the proper functioning of the Service or connection, or using the Service in any manner not expressly permitted by these Service Conditions;
b) Use any unauthorized third-party software that accesses, intercepts or traps or, in any way, collects information from or through the Service or that is in transit to and from the Service, including, and without constituting a limitation, any software that can read areas of the RAM or flows of network traffic used by the Service to store information about the elements or the environment of the GeoGo game. The GeoGo may, in its sole and absolute discretion, enable the use of certain third party user interfaces;
c) Intercept, examine or observe in any way, any confidential communications protocol used by a client, a Server, whether through the use of a network analyst, “packet sniffer” or other device;
d) Using an automated system, or acts that impose or may impose (according to the sole discretion of GeoGo) a disproportionate or excessive load on our infrastructure;
e) Divert automatic exclusion headers or other measures taken by GeoGo to restrict access to the Service, or the use of any software, technology, or device to send content or messages, “scrape”, “spider”, or “crawl” of the Service, or that collects or manipulates data;
f) Use, facilitate, create or maintain any unauthorized connection to the Service, including and without constituting a limitation (i) any connection to an unauthorized server that emulates or tries to emulate any part of the Service; or (ii) any connection using programs, tools or software that is not expressly approved by GeoGo;
g) Unless permitted by law or their respective “open source” licenses (open code), committing acts of reverse engineering, decompile, disassemble, decrypt,, or other attempt to obtain the source code for any underlying software, or intellectual property used to provide the Service, or obtain any information of the Service using any method that is not expressly permitted by GeoGo;
h) Copy, modify or distribute rights or content of any Website or any GeoGo game or copyright, trademarks of GeoGo or use any method to copy or distribute the content of the Service, unless specifically allowed under these Service Conditions.
GATHERING AND PUBLICATION OF PERSONAL INFORMATION - The user accepts that, in no circumstance, he/she will:
a) Solicit or try to solicit personal information from other users of the Service;
b) Collect, extract, or publish private information of any person, including personally identifiable information (whether in the form of text, image or video), identification documents through the Service;
c) Upload or transmit or try to upload or transmit, without the express consent of GeoGo, any material that works as passive or active mechanism for collecting information, including and without constituting a limitation, graphics interchange formats (“gifs”), 1x1 pixels, “web bugs”, “cookies” or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”).
1.10. Suspension and Rescission of Account and Service
Without limitations of other reparations, the GeoGo may limit, suspend, terminate, modify or delete Accounts or access to the Service, or parts of it, if the user does not comply or GeoGo suspect the user does not comply with any of these Service Conditions, or due to any illegal or improper use, real or suspected, of the Service with or without prior notice to the user. The user can lose his/her Account due to the termination or limitation of the Account, as well as any benefits, privileges, articles won and purchased items associated with his/her use of the Service, not having any obligation to compensate the user for those losses or results.
Without limitation of any other repairs, the GeoGo can limit, suspend or terminate the Service and user Accounts, or parts of it, prohibit access to their games and websites and their respective content, and take legal and technical measures to prevent users accessing the Service if the GeoGo considers they present risks or the possibility of legal responsibilities, infringe the intellectual property rights of third parties, or act inconsistently with the letter or spirit of the Conditions or Policies of the GeoGo. Additionally, the GeoGo can, in appropriate circumstances, and in its sole discretion, suspend or terminate Accounts of users who are repeat infringers of intellectual property rights of third parties. The GeoGo reserves the right to cease offering and/or assist the Service, to the game, or parts of the Service, at any moment, permanently or temporarily, and in that moment the utilization license of the Service, or parts of it, will automatically be terminated or suspended. In this case, the GeoGo will not be required to grant benefits or other compensation to the users related to the elements suspended from the Service.
The termination of the user Account may include the deactivation of the access to the Service, or any part of it, including any content sent by the user or sent to others.
The user can cancel any account registered by himself, at any moment, following the instructions indicated on the Website www.geogo.pt.
1.11.1. Games and Service
The Service (including, and without constituting a limitation, the game, titles, computer codes, subjects, objects, sentences, concepts, illustrations, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, information on the character profile, records of games played using a GeoGo gaming client and the Server and gaming clients software of the GeoGo) is a work with copyright held by the NERPOR and the UAERLVT. The GeoGo reserves all rights, including, and without constituting a limitation, every intellectual property rights, or other ownership rights, related to the Service.
Despite anything contrary referred herein, the user acknowledges and agrees that it has no property, or any other participation in the property, about the Account, also recognizes that all rights on the Account are and will still be hold and effect indefinitely for benefit of the GeoGo. In general, the game or other accounts created with the GeoGo will be considered active until the GeoGo receives a request from the user, to disable or delete them. Nevertheless, the GeoGo reserves the right to terminate any account that had been inactive for 180 days.
1.11.3. Virtual Articles
The GeoGo holds, licensed, or in any other form, has usage rights for the entire contents appearing in the Service. Notwithstanding any disposition here included, the user accepts he/she has no rights or ownership over, or regarding, any content that appears in the Service, including, and without constituting a limitation, the Virtual Articles that appear or that have origin on the serious game of the GeoGo, “won” in a game, or any other attributes associated with the Account or stores in the Service.
2. USER CONTENT
2.1. User content
"User Content" means every communications, images, sounds and all the materials, data and information loaded by the user or transmitted through the gaming client or the GeoGo service, or loaded or transmitted by other users.
The user holds his/her User Content. The user grants, by this mean, to the GeoGo, a perpetual and irrevocable world license (except what is provided above), fully paid and royalty-free, non-exclusive, unlimited, including the right to sublicense and cede to third parties and the right to copy, reproduce, repair, adapt, modify, improve, translate, reformat, create derivative works from that, manufacture, put into circulation, commercialize, publish, distribute, sell, license, sublicense, transmit, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, presentation, execution, insert in the computer memory, and use and practice in any manner known nowadays or discovered in the future, his/her user content, as well as every works modified and derivative from the same one, related to the Service provided by the GeoGo, including its trade or promotion. The user renounces, by this mean, to any moral rights he/she might own regarding any User Content. The license the user grants to the GeoGo for using the content published by the user (except any content sent by the user in response to promotions or competitions of the GeoGo, or any other content specifically requested by the GeoGo) ends when the user deletes his/her User content, or when the user terminates the respective account except if the user content had been shared with others, and these have not erase them. Nevertheless, the user understands and accepts that the removed content can be maintained in backups during a reasonable period of time.
The user understands and accepts that the Service is being developed. The GeoGo can ask the user to accept updates to the Service and to the GeoGo game that you have installed on your computer or mobile device. The user acknowledges and agrees that GeoGo may update the Service, with or without notification to the user. The user may need to update, periodically, third party software in order to receive the Service and be able to play the GeoGo Games.
4. EXONERATION OF THE RESPONSABILITY/ LIMITATIONS/ RESIGNATION/ COMPENSATION
4.1. Exoneration of the warranties responsibility
The user expressly agrees that the use of the Service is made at his/her own risk and is provided “in the state in which it is” without warranty of any kind, expressed or implied, including, among other, warranties of titleholder or implied warranties of non-infringement, merchantability or adequacy for a particular purpose (except when it is prohibited under the applicable law with any warranty period that is legally required and is less than thirty days from the first use or the minimum period required).
Without limiting the antecedent, nor GeoGo nor its affiliates or subsidiaries or any of its administrators, employees, agents, trustees, third-party content providers, distributors, licensees or licensors (collectively designated, “the GeoGo parties”) guarantee that the Service will be provided uninterruptedly or error free.
4.2. Responsibility limitations and resignations
The user acknowledges and agrees that the exonerations included herein apply to all and every damage or injuries caused by its utilization, or incapacity to use, of the Service under any process or action, whichever it is, of any jurisdiction, including, and without constituting a limitation, actions for warranty infringement, breach of contract or extra contractual liability (including negligence) and the GeoGo party cannot be held responsible for any indirect damages, derivatives, special, exemplary or accessories, including for loss of profits, loss of “goodwill” or data, in any way whichever it is, arising from the use or inability to use, of the Service.
The user further recognizes specifically that the GeoGo parties cannot be held responsible and the user accepts not trying to held the GeoGo parties responsible, for third parties conduct, including other users of the Service and external website operators, and that the risk of the Service and the external website and arising injuries of the antecedent entrust exclusively to the user.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of responsibility for certain types of damages. Therefore, some of the previously limitations referred in this section may not be applied to the user. In particular, nothing in these conditions will affect the legal rights of any consumer, nor excludes or restricts any liability, for death or personal injury, arising from the negligence or fraud by the GeoGo.
The user agrees to indemnify, protect and safeguard the GeoGo, their corporate affiliates, services providers, employees, agents and its third party suppliers, licensors and partners from any claims, losses, damages, liabilities, including fees and legal expenses, arising from the use or misuse of the Service by the user, of any breach by the user regarding the Service Conditions, or breach of statements, warranties and commitments made here by the user. The GeoGo reserves the right to, with costs paid by the user, assume the defense and control of any proceedings for compensation, for which the user is obliged to compensate the GeoGo. The user accepts cooperating with the defence of GeoGo regarding these compensation claims. The GeoGo will do reasonable efforts to notify the user about that compensation claim, action or process when it becomes aware of it.
The user accepts that the provisions of this subparagraph will outstand any termination of your Account or Service.
5. CONFLICT RESOLUTION
If there is a dispute between the user and the GeoGo, our goal is to give you a neutral and economically reasonable mean for a quick resolution of the dispute. Accordingly, the user and the GeoGo agree that GeoGo will resolve any claim or controversy under the law or under the equity arising from this Contract or Service (an "Application for Compensation") according to the sections below, or in terms that the user and GeoGo agree in writing. Before resorting to these alternatives, the GeoGo strongly advises the user to contact first the GeoGo directly to obtain a resolution through the Customer Support. We will take into consideration reasonable requests for the resolution of the disputes through the procedures of alternative dispute resolution, such as mediation or arbitration, as alternatives to litigation.
Any discrepancy, omission or issue arising between the parties, exhausted the procedures of alternative dispute resolution, with reason of execution, interpretation or use application of the Serious Game and its related Services will be submitted to the Judicial Court of the District of Lisbon.
7. GENERAL DISPOSITION
7.2. Additional Policies
The GeoGo can publish additional policies regarding specific services, as apps for mobile devices, forums, contests and loyalty programs. The right of the user to utilize these Services is subject to those specific policies and these Service Conditions.
7.3. Global Contract
7.4. Service Conditions Language
In case of conflict between the translation of the Policies of the GeoGo and the Portuguese version, the Portuguese version of the GeoGo Policies will prevail.
7.5. Resignation Exclusion
Except where expressly and specifically established in these Conditions, any representation, statement, authorization, resignation or any other act of omission of the GeoGo will be considered a change to these Service Conditions, and will not be legally binding, except if hand-written, signed by the user hands and by an authorized representative for the act of GeoGo.
Any notifications made by the user that do not comply with the dispositions on this Section regarding Notifications will not produce any legal effect.
The user acknowledges that the rights granted and the obligations assumed under these Service Conditions, before the GeoGo, are unique and of irreplaceable nature, whose breach irreparably harms the GeoGo and that cannot only be replaced by patrimonial compensations. In accordance, the GeoGo has the right of reparation by precautionary measures or other fair measures (without the obligation of providing any guarantee or warranty or proof of damages) in the event of any breach or anticipation of breach by the user.
The user he irrevocably waives all the rights on trying to obtain reparations by precautionary measures or any other fair measures, or prohibit or restrict the Service operation or any game of the GeoGo, exploitation of any advertising or other materials issued regarding them, or exploitation of the Service or any other content or material used or presented through the Service and accepts to limit all actions to claims for property damage.
7.8. Force Majeure
The GeoGo cannot be responsible for any delay or non-compliance resulting of causes that are beyond the reasonable control of GeoGo, including, and without constituting a limitation, any non-compliance according to the present Contract, due to unforeseen circumstances or causes that are out of control by GeoGo, as fortuitous event, war, terrorism, riots, embargos, acts of civilian or military authorities, fire, flood, accidents, failures in the infrastructure network, strike or lack of transportation, fuel, energy, workforce or materials.