Miguel Oliveira is set to undergo surgery today. Following his right shoulder injury in Silverstone and another heavy fall during the Australian GP, the Red Bull KTM Tech3 rider is currently in hospital Sanatorium Kettenbrücke in Innsbruck, Austria, where Dr. Karl Golser will perform operation on his damaged ligaments.
1. Introduction and Who We Are
2. Personal Data We Collect
Upon registration and creation of a user profile, we request the submission of certain mandatory personal data, such as name, address, contacts and gender. In addition, you may provide us with further voluntary information. Please note that your personal data (including images) may be provided to this Site by third parties in accordance with the Terms. If you detect that the person responsible for posting personal data about you has acted without permission and you wish it to be removed, please contact us at [[email protected]].
3. How and Why We Use Your Personal Data
- contacting you with publications, direct marketing materials and invitations to events that may be of interest to you (you may opt out/unsubscribe from such communications at any time by emailing [[email protected]] and putting “Unsubscribe” in the subject line. All our marketing communications include an “unsubscribe” link);
- administering the “fanzone”s, contests and competitions;
- managing the posts uploaded unto the Site;
- where required to do so by law or to meet the requirements of a regulator; Where we merge, combine or divest a part of our business, we may pass your details to the prospective entity except where prohibited from doing so by law or professional rules applicable to us.
MAFO may also store and process your personal data for statistical purposes, prevention of fraud, dispute resolution and law compliance purposes to the extent permitted by law.
4. Transfer of Your Personal Data to Other Countries
Where you provide us with, or we obtain, your personal information (through this website or through other channels), we will normally keep your details on a database. In relation to certain uses, the database may be accessed by certain of our offices and/or agents and contractors, including those located outside the European Economic Area (EEA) or your particular jurisdiction where the level of legal protection for your personal data may not be as comprehensive as in the EEA. In such circumstances we shall ensure compliance with the data protection standards set out above at all times. Your use of the Site implies your consent to this international transfer of your personal data.
Any processing of your personal data by sub-contractors will be done in strict respect with the rules foreseen in Law no. 67/98, and the sub-contractor will have no processing rights beyond those provided by us.
5. Cookies and other usage tracking technologies
Please also note that MAFO collects your personal data over an open network in which personal data may be sent without any special security measures, there being the risk that it may be viewed and used by unauthorized parties.
8. Your Rights
You can see, review and change your personal data by logging into your profile in the Site. Please make sure to update your personal data, if it changes or is inaccurate. If you no longer wish to receive a particular communication from us please let us know and we will correct, update or remove your details. This can be done by emailing [[email protected]].
Upon your request, MAFO will grant you access to and provide information about the personal data we maintain about you, update and correct inaccuracies in your personal data, as well as inform you of the purpose of the processing, the recipients of the data and the originating source of the data, if such information is available.
You may at any time delete your personal data and/or your profile on the Site. Upon you request, MAFO will close your profile and delete your personal data as soon as reasonably possible. When your profile is deleted, all data contained therein will be equally deleted and you will not be able to restore your profile.
Web browsers allow for some control over cookies through the browser settings. The majority of browsers allow one to block cookies or block cookies from certain specific sites. The browsers may also help you delete cookies when you close the browser. However, you should note that this may result in the loss of opt-outs and other defined preferences that were set for the site. To learn more about cookies, including the manner in which cookies are created, managed and deleted, please visit www.allaboutcookies.org.
Acceptance of these terms:
By using this Site, you agree to the collection and use of your information as set out in this cookies policy. If we alter our cookies policy in any way, we will publish those changes on this Site.
REQUIREMENTS OF SUBMISSIONS TO THE FANWALL
Submissions may not contain, as determined by MAFO - Gestão de Carreiras de Atletas, Lda
(“MAFO”), in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco (or the use of any of the foregoing); promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as personal names or e-mail addresses;
- contains copyrighted materials owned by others without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the image and/or good will to which we wish to associate; and/or
- violates any law.
Participants posting a video Submission agree to comply with the YouTube Terms of Service located at http://www.youtube.com/t/terms inclusive of the YouTube Community Guidelines located at www.youtube.com/t/community_guidelines and Privacy Policies located at http://www.youtube.com/t/privacy_at_youtube specific to their localized version of the YouTube website.
Submissions must be the original work of the participant, and may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If a Submission contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of a Submission, any and all releases and consents necessary to permit the use and exhibition of a Submission by in the manner set forth in these Terms & Conditions, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in a Submission. MAFO reserves the right to request proof of these permissions in a form acceptable to MAFO from any participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By making a Submission, participant warrants and represents that he/she and any persons appearing or who are identifiable in a Submission consent to making the Submission and to its use as otherwise set forth herein.
By making a Submission, participant acknowledges and agrees that MAFO may obtain many Submissions in connection with this “fanwall” and/or other “fanwall” staged and/or promoted by MAFO, and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submissions submitted in connection with this “fanwall” and/or other “fanwall” sponsored by MAFO or submitted for other reasons or other materials developed by Miguel Oliveira or by MAFO. Participant waives any and all claims participant may have had, may have, and/or may have in the future, that any Submission and/or other works accepted, reviewed and/or used by the participant may be similar to his/her Submission, or that any compensation is due to participant in connection with such Submission or other works used by Miguel Oliveira or MAFO.
By making a Submission, participant hereby grants permission for his/her Submission to be posted on the Website. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission and may remove a posted Submission at any time. LICENSING OF SUBMISSIONS/GRANT OF RIGHTS
By participating in the fanwall, and to the extent allowed by law, participants: (i) grant a worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable (including the right to sublicense to further third parties), unconditional, fully paid-up and transferable license to use his/her first name, last name and create derivative works of all Submissions (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral” and other intellectual property and proprietary rights in Submissions) to MAFO; (ii) agree that MAFO may license and assign all such rights to Miguel Oliveira and others (collectively “Licensees”); (iii) grant MAFO and Licensees the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple tiers), post, broadcast, publicly perform or display, adapt, exhibit and/or otherwise use or reuse or exploit (without limitation as to when or to the number of times used) and use the content of and elements embodied in the Submissions and the Submissions themselves in perpetuity (except in France, for the duration of rights) in any and all media including but not limited to digital and electronic media, television, cinema, computer, DVD, CD, Competition Site(s), print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, “fanwall, commercial, or any other purposes without further review, notice, approval, consideration or compensation to participant or any third party; (iv) shall execute and deliver documents, at MAFO’ expense, requested by MAFO or as may be necessary to vest in MAFO the rights and waivers provided herein; (v) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights; (vi) waive and release the Released Parties from any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to MAFO exploitation of Submissions without further compensation to participants of any kind; (vii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against MAFO or Licensees, or any other person, on the grounds that any use of any Submission, or any derivative works, infringe or violate any of participants’ rights therein; and (viii) agree that MAFO and Licensees shall have the right and permission to use the name, photograph, twitter handle (if applicable), testimonial or other likeness or personal exposition of a participant (and/or any edited portion thereof) for “fanwall, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, any participant to the extent permitted by law. Participants also agree that MAFO may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her Submission, and that he/she will not be entitled to any compensation or right to negotiate with MAFO because of these familiarities or similarities.
LIMITATION OF LIABILITY
Each participant on the “fanwall” area accepts the conditions stated in these Terms &
Conditions, agrees to be bound by the decisions of MAFO, warrants that he or she is eligible to
participate in this “fanwall”, and agrees, subject to applicable law, to release, indemnify, and
hold harmless the Released Parties and each of their parent companies, divisions, subsidiaries,
affiliates, advertising, “fanwall”, and public relations agencies, and the respective officers,
directors, employees, representatives, and agencies of each from and against any and all
claims, losses, liability, and damages of any kind, (including reasonable attorneys’ fees and
expenses) asserted against any of them, any injury, damage, death, loss, or accident to person
or property, or from the respective participants’ breach of any agreement or warranty
associated with the “fanwall”, including these Terms & Conditions. Any attempt to deliberately
damage any website or undermine the legitimate operation of the “fanwall” is a violation of
criminal and civil laws and, should such an attempt be made, the Released Parties and each of
their Licensees reserve the right to seek any and all remedies available from any such person(s)
responsible for any such attempt to the fullest extent permitted by law.
Unless the laws relevant for the domicile of the participant provide otherwise, this “fanwall” is governed by the laws of Portugal, and is subject to all applicable local laws. Any and all legal actions or claims arising in connection with this “fanwall” must be brought in a court of competent jurisdiction in the Portuguese territory.
Participants further agree that MAFO, their Licensees, and any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees (collectively, the “Released Parties”), and any Internet access providers are not responsible for the following: (a) electronic transmissions, Submissions that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not posted or received by MAFO or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of Submissions or related materials; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents related to or resulting from participation in this “fanwall”, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this “fanwall”; (e) any Submissions submitted in a manner that is not expressly allowed under these Terms & Conditions (all such Submissions will be disqualified); (f) any printing errors in these Terms & Conditions or in any advertisements or correspondence in connection with this “fanwall”. MAFO reserves the right, in its sole discretion, to cancel or suspend this “fanwall” or any portion herein should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the “fanwall”. In such cases, notice to this effect will be posted on the Website. If, in MAFO opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the “fanwall” or if technical difficulties compromise the integrity of the “fanwall”, the MAFO reserves the right to void suspect Submissions and/or terminate the “fanwall”.
COUNTRY SPECIFIC NOTICES
If any provision of these Terms & Conditions is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.
© 2016 MAFO - Gestão de Carreiras de Atletas, Lda. All rights reserved. MAFO, Miguel Oliveira #44 trademark and related trademarks, names and logos are the property of MAFO or Miguel Oliveira and are registered and/or used in the all around the world. All other trademarks are the property of their respective owners.