Terms and Conditions
By accessing and using colara.com you agree to these terms and conditions. If you do not agree to these Terms and Conditions please leave the site.
1.1. This site is owned and operated by Colara, Lda. (hereby referred to as Colara). Colara has the right at any time to change or discontinue any aspect or feature of the site, as well as to change these Terms and Conditions.
1.2. In this site you will find digital trading sticker albums. Upon registration in the site you will be able to purchase digital booklets, digital cards, as well as to trade cards with other Registered Users.
1.3. You will also be able to order some booklets’ hard copies, with its complete set of cards.
2.1. Access to all features of the site is made upon registration in the site, or through Facebook, Twitter or Google+ profiles. Users accessing through these profiles will be considered as Registered Users for all due effects.
2.2. By accessing through Facebook, Twitter or Google+ Users will be subject not only to these Terms and Conditions but also to the ones applicable to those services.
03. Registration Obligations
3.1. By signing up as a Registered User, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (c) not register multiple times. If you provide any information that is untrue, inaccurate, not current or incomplete, or Colara has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Colara may suspend or terminate your account and refuse future registrations.
3.2. By signing up you agree to receive commercial communication and advertising materials on the email address you provide, both by Colara and / or its partners. You also accept that the Registration Data may be transferred to any of our partners for commercial and advertising purposes. You may however cancel these authorizations at any time by simply informing us by email.
3.3. Provisions of this clause 3. also apply to Users accessing the site through their Facebook, Twitter or Google+ profiles.
04. Restrictions on Use
4.1. You shall use Colara for lawful purposes only. You shall not post or transmit through the site any material that violates or infringes in any way any applicable laws or regulations, or any third party rights.
4.2. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, images, text and graphics. You may not copy, modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Colara and the copyright owner. You may only trade cards with other Registered Users under the terms defined in the site. You acknowledge that you do not acquire any ownership rights by accessing the site or by downloading copyrighted material.
4.3. Access to the areas of the site destined to Registered Users is made either by Facebook, Twitter or Google+ profiles, or controlled by your individual user name and password combination. Users having a password may not share it with anyone else or permit it to be used to provide anyone else with access to non-public portions of the site. You are solely responsible for all activity on your Account.
4.4. Digital booklets and carts purchased in the site are part of the service provided by Colara through the site. Registered Users are entitled to use them under these Terms and Conditions, which may vary from time to time. Digital booklets and cards may not be exchanged for cash. The range of digital items available may vary from time to time and purchased digital items may become unavailable or inaccessible in case the User’s registration is terminated or cancelled.
05. Disclaimer of Warranty; Limitation of Liability.
5.1. You expressly agree that access and use of the site is at your sole risk. Colara cannot and does not warrant that the site will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service or merchandise provided through the site.
5.2. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
5.3. In no event will Colara, or any person or entity involved in creating, producing or distributing the site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site. Notwithstanding, you expressly acknowledge that your eventual damages will not in any case exceed the amount paid by you, if any, for accessing this site or its services.
5.4. The above disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behaviour (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Colara is not liable for the defamatory, offensive or illegal conduct of other users or third-parties.
Colara shall have the right, but not the obligation, to monitor the content of the site including any chat rooms and forums, to determine compliance with these Terms and Conditions and any other applicable rules of whatever nature.
While Colara does not and cannot review every submission and is not responsible for the content of the materials submitted or posted by the users, Colara reserves the right to delete, move, or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable or inadequate.
You acknowledge and agree that Colara may preserve any material and may also disclose any material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Colara, its users and the public.
You agree to defend, indemnify and hold harmless Colara from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
Colara, and all page headers, custom graphics and icons are service marks, trademarks, and/or trade dress of Colara. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
09. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, advertisers, and users, are those of the respective author(s) or distributor(s) and not of Colara. Colara neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by such third parties.
10. Account termination
Colara reserves the right to terminate your account or decline or limit your subscription for any reason, including, but not limited to harassment of other participants, creating multiple accounts, even if not concurrent, not-clarified reports on bad trading conduct, or any breach of these Terms and Conditions, and any breach of the security of your account. By signing up as a Registered User, you consent to allow Colara to access your account information to investigate complaints or other allegations of abuse. You expressly agree that Colara has the right to ban any user from use of any non-public portions of the site or any other service provided by Colara.
The site may provide, or third parties may provide, links to other Internet sites or resources. Because Colara has no control over such sites and resources, you acknowledge and agree that Colara is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Colara 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
12.1. Registered Users may purchase digital booklets and digital cards in the site. For some collections, Registered Users may also order hard copies of the booklets and cards.
12.2. Besides the booklets and the cards, Registered Users may also purchase other items that may be available from time to time.
12.3. The price of the booklets, cards, and of any other items is displayed in the site and may vary from time to time. Shipping expenses will be added to the items to be dispatched.
12.4. VAT is included in the displayed prices.
12.5. Invoices may be downloaded from the site, or will be sent with the dispatched items when applicable.
12.6. Registered Users will acquire “Credits” in the site. Such credits are used to purchase cards, as well as any other items that will accept such payment method.
12.7. Colara accepts payment methods generally available in the Registered User’s country, such as Multibanco, Payshop, MisterCash, iDeal, Boleto, Visa, Mastercard, Maestro, CB, Sofort and Giropay. Available payment methods will be displayed in the site and may vary from time to time.
12.8. Credits held by the Registered Users are not refundable, even in the case the site colara.com is suspended or cancelled.
13.1. Digital items purchased in the site cannot be returned.
13.2. Other items may be returned upon contract termination, to be exercised by the User through the contact form made available in the site, within 15 days counting from receipt of the items.
13.3. Colara accepts only the return of new and unopened items. Returns of opened trading cards packets will not be accepted.
14. Dealings with Users
14.1. Your correspondence or business dealings with other users are solely between you and such user. You agree that Colara shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users on the site.
14.2. Card trades are irrevocable.
15. Changed Terms
Colara may at any time change or modify these Terms and Conditions, as well as impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately. Any subsequent use of the site by you shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
16. Applicable Law and Jurisdiction
These Terms and Conditions are governed and will be interpreted in accordance with Portuguese law. The Portuguese courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Terms and Conditions.
You understand and agree that your registration in the site, as well as the access through your Facebook, Twitter or Google+ profile, may include certain communications from Colara, such as service announcements, administrative messages and the automatic report on possible trades, and that you will not be able to opt out of receiving them.
Eventual doubts or difficulties will be addressed through our Support to Users, made available in the site.
You are responsible for obtaining access to the site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the site.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.