1. PRELIMINARY INFORMATION
Welcome to the Raya Culture Terms and Conditions of Use ("Terms"). This is an agreement between you, as the user, and us, Raya Culture (as defined below). We want to ensure that you fully understand the rights and obligations of both parties so that you can fully enjoy the features of our platform before using the Raya Culture website or mobile application (“App”).
Please take a few minutes to read these Terms before engaging with our App. Once you access the App and expressly provide your consent by indicating your agreement on the website or within the App, you are, for all legal purposes, accepting these “Terms.”
Be aware that if you subscribe to the services for a specific period (the "Initial Period"), your subscription will automatically renew for additional periods of the same duration as the Initial Period, at the prevailing price for such services at that time. These prices may be lower or higher than the current ones unless you cancel your subscription in accordance with Section 6 below.
Regardless of whether you cancel your subscription, you retain the right to file a complaint on any basis you deem appropriate regarding any behavioral issues that may have arisen during our previous legal relationship.
In this agreement, Section 14 outlines the provisions governing the procedures for handling complaints that you, as a user, may have against us, as well as the methods for dispute resolution.
We also inform you that we prioritize resolving conflicts through binding and final arbitration, thereby avoiding delays and legal costs. Through this procedure, we aim to encourage the amicable resolution of disputes without resorting to court proceedings. This includes an arbitration agreement which, with limited exceptions, requires that disputes be resolved through arbitration rather than litigation.
Additionally, we inform you that you have the right to opt out of the arbitration agreement, in accordance with Section 14 below. If you choose not to participate in the arbitration agreement as outlined in Section 14, (1) you will only be permitted to assert claims and seek dispute resolution against us on an individual basis, and not through a class action; and (2) you waive your right to seek dispute resolution against us in any court, in accordance with the previously chosen jurisdiction.
2. RAYA CULTURE RULES
Before using the App, the user must register an account ("Account").
To create an Account, the user must:
Be at least 18 years old or of legal age to enter into a contract according to the laws of their country; and
Be legally allowed to use the App under the laws of their country.
The user can create an Account through the manual registration process. By creating an Account, the user authorizes us to access, use, and display certain account information under the terms of this agreement and in accordance with our Privacy Policy.
For more information about the data we may use and how we may use it, please read our Privacy Policy.
By using our App, you implicitly acknowledge that we may collect and use your data and information in accordance with our Privacy Policy, as explained above.
Your account is personal and non-transferable and may contain personal data subject to special registration, which can only be accessed by you and the data storage holder, in compliance with the GDPR. Unfortunately, we cannot allow you to use another person’s account or share your account with anyone else without their permission.
We have no doubt that you will have a great time on the Raya Culture App, but if you ever feel the need to leave, you may delete your account at any time by accessing the "Settings" page while logged in and selecting the "Delete account" option.
Your account will be deleted immediately, but it may take some time for your content (as defined below) to be completely removed from the App. Your profile information will be handled in accordance with our Privacy Policy.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates violations of these Terms.
We reserve the right to delete or suspend any Account, restrict access to the App, or use any available operational, technological, legal, or other means to enforce these Terms (including, but not limited to, blocking specific IP addresses) at any time, without liability and without prior notice.
Without limiting the above in any way, we expressly reserve the right to terminate or suspend your Account without prior notice if:
You violate these Terms;
Your conduct on the App or with other App members (including your offline conduct) is deemed inappropriate or improper, at our sole discretion;
We or our affiliates determine, at our sole discretion, that your conduct on other applications operated by our affiliates has been inappropriate;
For any other reasons that we deem, at our sole discretion, to justify such a decision.
If your account is terminated or suspended, you agree that you will not receive a refund for any paid services or features for which you have already been charged.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain parts of the App may not be accessible if you have not registered an account.
3. TYPES OF CONTENT
There are three types of content that users can access in the App:
Content that the user adds and provides ("Your Content");
Content provided by other members ("Member Content"); and
Content provided by Raya Culture itself (including, but not limited to, databases and/or software) ("Our Content").
Types of content not allowed on Raya Culture
We want our members to express themselves as much as possible and post all kinds of things they wish on the App, but we must impose certain restrictions on certain content that:
Contains profanity, language, or images deemed offensive or that may be inappropriate, cause harm, embarrassment, alarm, or inconvenience to others (including, but not limited to, language that may be considered discriminatory regarding race, color, ethnicity, nationality, religion, disability, sexual orientation, gender expression, gender identity, or an individual’s physical appearance);
Is obscene, pornographic, violent, or otherwise offensive to other members or visitors;
Is abusive, insulting, threatening, discriminatory, or promotes or incites racism, sexism, hatred, or bigotry;
Encourages or promotes any illegal activity, including but not limited to terrorism or racial hatred;
Is defamatory;
Is related to commercial activities (including, but not limited to, sales, competitions, advertising, links to other websites, commercial telephone lines);
Involves sending "junk mail" and "spam";
Contains any spyware, adware, viruses, corrupted files, malware, or other malicious code that may damage or interfere with software, hardware, networks, servers, or other equipment;
Infringes third-party rights (including, but not limited to, intellectual property, ownership, and privacy rights);
Depicts another person without their knowledge and consent;
Is harmful to minors; or
Is used to impersonate another person, including false statements about your identity.
Raya Culture has a zero-tolerance policy for such content.
Your Content
By joining the App and providing content, you immediately accept that "Your Content" must comply with our Content Policy, as regularly updated.
Since "Your Content" is unique, you are responsible for it and will indemnify us against any liabilities, lawsuits, or claims made in connection with "Your Content" or for any effects caused by it.
You must not display any personal contact information or banking details on your profile page, whether regarding yourself or any other person (e.g., addresses, phone numbers, emails, URLs, credit or debit card numbers).
If you choose to disclose any personal information about yourself or others via email or any other means, this action is your sole responsibility and, therefore, at your own risk.
We recommend exercising caution when sharing personal details with third parties under any circumstances.
Since Raya Culture is a public App, "Your Content" will be instantly visible to all users worldwide—make sure you want to share it before posting.
By posting or submitting content to the App, you acknowledge and confirm that you have the right to do so and automatically grant us a worldwide, non-exclusive, royalty-free, unlimited-duration license to edit, copy, modify, adapt, translate, reformat, create derivative works, incorporate it into other works, distribute, and make such Content publicly available in any manner, in whole or in part, in any current or future medium.
We may assign and/or sublicense the above license to our affiliates and subsidiaries without requiring further approval from you.
We have no obligation to store "Your Content"—if it is important, you should keep a copy of it.
User Content
Other members of Raya Culture will also share content through the App. Member Content belongs to the person who posted it and is stored on our servers and displayed in the App according to the wishes of the user who provided the content.
The user has no rights over other members' Content and may only use other Raya Culture members' personal information to the extent that its use aligns with Raya Culture's purpose of allowing people to meet, interact, create communities, and share events.
The user may not use other members' information for commercial purposes, spam, harassment, stalking, or making illegal threats. We reserve the right to terminate and delete your account if you misuse information about other members.
Our Content
All other content on Raya Culture is our exclusive property. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Raya Culture—along with its software and database—are owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property rights. All rights, title, and interest in Our Content belong to Raya Culture.
We grant you a non-exclusive, limited, personal, non-transferable, and revocable license to access and use Our Content, without the right to sublicense it, under the following conditions:
The user may not use, sell, modify, or distribute Our Content except as permitted by the App’s functionality;
The user may not use our name in metatags, keywords, and/or hidden text;
The user may not create derivative works from Our Content, extract data, disable, decompile, analyze, or otherwise commercially exploit Our Content, in whole or in part, in any manner; and
The user must use Our Content only for lawful purposes.
We reserve all other rights.
No Obligation to Pre-Screen Content
Since Raya Culture is an online community, we generally try to avoid interfering and, therefore, assume no obligation to pre-screen any part of Your Content or User Content. However, there may be instances where we need to intervene, and we reserve the right to review, pre-screen, refuse, and/or remove any User Content and "Your Content," including content exchanged between members in direct messages.
Our Content Policy:
Profile Guidelines
Age. Users must be at least 18 years old to participate in Raya Culture. We reserve the right to request your identification document to verify your age and will block your access to the platform if you are underage.
Profile Photos. We require that at least one of your profile photos clearly depict you and show your full face.
We do not allow:
Profile photos that are heavily distorted or contain exaggerated or unnatural digital effects to the point that it is unclear who the person in the photo is;
Any overlays, icons, frames, or stickers that are not from Raya Culture on your profile photos;
Memes or images that contain only—or primarily—text as a profile photo;
Profile photos of children alone;
Profile photos with unclothed children.
Username. Members may use initials, abbreviations, shortened or contracted versions of their name, nicknames, full names, or middle names. Members are not required to use their legal name or full name, but usernames must authentically represent the name they use in their daily life.
We do not allow:
Any words or phrases that violate our content policy or community guidelines;
Using the name of a celebrity or fictional character;
Words or characters (other than a valid name), including descriptive words, symbols (e.g., $, *, @), emojis, numbers, or punctuation.
Content and Conduct Guidelines
Nudity and Adult Sexual Activity
We do not allow nude, sexually explicit, or sexually vulgar profile content. We also do not allow the commercial exchange of any romantic or sexual activities, content, or services, including attempts to sell, advertise, or purchase adult sexual content.
Bullying and Abusive Conduct
Our community is designed to foster connections between users. We do not allow content or behavior that makes any individual or group feel harassed, intimidated, or targeted. This includes belittling, insulting, or intimidating behavior; making unsolicited comments about someone’s appearance; engaging in emotional abuse; blackmailing; repeated unwanted contact; or wishing for, encouraging, or praising acts of violence.
Child Sexual Exploitation and Abuse
We have a zero-tolerance policy for any form of child sexual exploitation and abuse. We do not allow content that sexualizes or endangers children, whether real or fictional (e.g., anime, media, text, illustrations, or digital images). This includes any visual representations or discussions of sexually explicit conduct involving a child. For the purposes of this policy, a child is defined as anyone under the age of 18. Uploading, storing, producing, sharing, or soliciting others to share child sexual abuse material is strictly prohibited, even if intended to express outrage or raise awareness on the subject.
Commercial and Promotional Activity
Our platform is not a marketplace. Users are not allowed to use Raya Culture for unsolicited commercial or promotional purposes, except for approved partners who have requested and obtained our prior agreement to promote products, services, or events.
Controlled Goods and Substances
Users may not use our platform to buy, sell, supply, distribute, or directly facilitate the purchase, sale, supply, or distribution of illegal drugs and/or the misuse of controlled goods and substances. This includes e-cigarettes, cannabis, drug paraphernalia, or the misuse of legal substances such as prescription drugs, tobacco, or alcohol.
Dangerous Organizations and Individuals
We do not allow organizations or individuals who advocate, glorify, condone, or are known to support violent, dangerous, or terrorist-based missions to have a presence on Raya Culture.
Identity-Based Hate
We prohibit content or behavior that promotes or condones hatred, dehumanization, degradation, or contempt toward marginalized or minority communities based on the following protected attributes: race/ethnicity, national origin/nationality/immigration status, caste, sex, gender identity or expression, sexual orientation, disability or severe health condition, or religion/belief.
Inauthentic Profiles
Raya Culture values authenticity and expects all members to accurately represent themselves on their profiles. We do not allow identity falsification or misrepresentation on our platform. This includes catfishing (i.e., creating an online persona that is not the real user) or falsely claiming facts about oneself (including name, gender, age, and permanent location).
Misinformation
We prohibit the sharing of content that is demonstrably false or substantially misleading and could cause serious harm or negatively impact individual or public safety. This includes content that directly contradicts information and guidance from leading and reputable global health organizations and public health authorities, false or misleading information about any civic process, and dangerous, unproven conspiracy theories.
Physical and Sexual Violence
We do not tolerate any content, imagery, or behavior that constitutes a credible act of physical or sexual violence. This includes physical stalking, using our platform to assist, facilitate, or support human exploitation or trafficking, and any form of sexual assault, which we define as unwanted physical contact or attempted physical contact of a sexual nature.
Scams and Theft
Raya Culture prohibits any scam or fraudulent activity intended to deceive or manipulate members for financial or material gain. This includes soliciting or seeking financial support, lying about one’s financial intentions, or falsely claiming romantic and/or friendship intentions to exploit members for financial or material resources.
Sexual Harassment
We do not tolerate sexual harassment. We define sexual harassment as any non-physical and unwanted sexual behavior between members. This includes cyberflashing (i.e., sending unsolicited sexually explicit images), in-person indecent exposure, sharing or threatening to share sexual or intimate images without the consent of the person involved or depicted, and sending unwanted sexual comments or images.
Spam
We do not allow any type of unsolicited or irrelevant content that is sent in bulk or at high frequency. This includes sharing misleading or redirected links, creating an excessive number of accounts that disrupt other members, or maintaining multiple active profiles on our platform to engage in unwanted interactions.
Suicide and Self-Harm Promotion
We deeply care about our members and understand that some may struggle with mental health issues, self-harm, suicidal thoughts, substance use, or eating disorders. While we allow members to share personal experiences with these issues safely, we do not permit any content that depicts, promotes, glorifies, or assists in activities that may lead to suicide, self-harm, or disordered eating or body image issues.
Violent and Graphic Content
We do not allow violent, graphic, or gory content. This includes descriptions of violence in usernames or profile content, photos containing blood, bodily fluids, or real injuries, or images depicting weapons of any kind (except when worn by a member in a police or military uniform).
4. APP RESTRICTIONS
By using the APP, as a user, you freely, knowingly, and consciously agree to:
Comply with the APP's regulations;
Comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws, anti-spam laws, equal opportunity laws, and any regulatory requirements;
Use your real name and real age when creating your Raya Culture account and profile; and
Use the services in a conscious and respectful manner.
By using the APP, you agree that you will not:
Act illegally or disrespectfully, including being dishonest, abusive, or discriminatory;
Lie about your identity, age, current or previous positions, qualifications, or affiliations with any person or entity;
Disclose information that you do not have consent to disclose;
Stalk or harass any other APP member;
Create or participate in a pyramid scheme, fraud, or any other similar practice; or
Develop, support, or use software, devices, scripts, bots, other types of mobile code, or any other means or process (including trackers, browser plug-ins, add-ons, or other technology) to extract data from Raya Culture or its services, or otherwise copy profiles and other data from the services.
By adhering to our values with high standards and ethical conduct, we will not allow members to behave inappropriately within the Raya Culture community.
Therefore, you may report any abuse or file a complaint about another user's behavior by contacting us, describing the abuse and/or complaint.
You may also report a user through their profile or in the chat by clicking the 'Block and Report' icon.
We reserve the right to investigate any potential violations of these Terms, any rights of Raya Culture users, or any third-party rights and may, at our sole discretion, immediately terminate a user's right to use the App without notice, as set forth in Section 1 above, and/or remove any inappropriate, infringing, or unauthorized Content.
We do not control anything that our members say or do, so each user is solely responsible for their interactions with other members of the App.
By accepting these terms, you acknowledge that Raya Culture does not verify the criminal background of its members and is not obligated to do so.
Raya Culture also does not investigate the nature of its members or attempt to verify any statements that members may have made.
Raya Culture cannot guarantee the conduct of any members or their compatibility with current or future members.
By accepting these terms, you agree not to hold Raya Culture and its successors liable for any claims, losses, damages, rights, or actions of any kind, including personal injury, death, and property damage, arising directly or indirectly from your interactions with other App members or the conduct of other App members.
Replicating or using any part of our App without our prior consent is expressly prohibited. This includes, by any means (automated or otherwise) other than through our currently available and published interfaces—unless you have been specifically authorized to do so in any agreement with Raya Culture.
5. PRIVACY
For information about how Raya Culture collects, uses, and shares your information, please refer to our Privacy Policy.
By using Raya Culture, the user agrees that we may use their data in accordance with our Privacy Policy.
6. PAYMENT TERMS
Raya Culture may offer premium products and services for the user to purchase within the App (“In-App Purchase”).
If the user opts to make an In-App Purchase, they acknowledge and agree that additional terms disclosed at the time of purchase may apply, and such additional terms are hereby incorporated by reference.
The user can make a purchase in the App through the following payment methods ("Payment Method"):
(a) make a purchase through a third-party platform, such as the Apple App Store and Google Play Store ("Third-Party Store"), or
(b) pay with their credit card, debit card, or MBway, which will be processed by a third-party processor.
After making a purchase within the App, you authorize us to charge through the selected payment method.
If the payment is not received by us through the chosen Payment Method, the user agrees to immediately pay all amounts due when requested by us.
Subscriptions and Auto-Renewal
Raya Culture may offer certain services in the form of auto-renewing subscriptions, such as a one-week subscription, a one-month subscription, or a six-month subscription ("Premium Services").
If the user subscribes to an auto-renewal subscription, their subscription will renew at the end of the period, unless the user cancels it.
To avoid being charged for a new subscription period, the user must cancel as described below before the end of the current subscription period.
Deleting your account or removing the App from your device does not cancel your subscription.
The user will receive a notice about changes to the prices of the Premium Services they have subscribed to, along with an opportunity to cancel the subscription.
If Raya Culture changes these prices and the user does not cancel their subscription, the user agrees to be charged the current price of the subscription at that time by Raya Culture.
Subscription Cancellation
Without prejudice to Section 15, if the user has purchased a subscription directly from Raya Culture, they may cancel or change their payment method through the payment settings option in their profile.
If the user has purchased a subscription via a third-party store, such as the Apple App Store or Google Play Store, they will need to access their account in that third-party store and follow the instructions to change or cancel their subscription.
If the user cancels their subscription, they will be able to use it until the end of the last period they paid for, but:
(i) they will not be eligible for a pro-rated refund (except as set forth in the subsection titled "Refunds" below),
(ii) their subscription will not renew when that period expires, and
(iii) they will no longer be able to use the premium services or in-app purchases enabled by their subscription.
Since our Services can be used without a subscription, cancelling your subscription will not remove your profile from our Services.
If you wish to fully cancel your account, you must close your account as set forth in Section 15.
Raya Culture operates a global business, and our prices vary based on various factors. We frequently offer promotional rates— which may vary by region, subscription length, package size, and more. We also regularly test new features and payment options.
Raya Culture reserves the right, including without prior notice, to limit the availability or discontinue the availability of any product, feature, service, or other offering; impose conditions on the redemption of any coupon, discount, offer, or other promotion; prevent any user from making any transaction; and refuse to provide any user with any product, service, or other offering or honor any offer.
Free Trials
If the user signs up for a free trial that we may eventually offer and does not cancel it, their trial period may convert into a paid subscription, and their Payment Method will be charged the then-current price for that subscription.
Once the free trial is converted into a paid subscription, it will continue to automatically renew at the end of each period, and the user's Payment Method will be charged until cancelled.
To avoid charges for a new subscription period, the user must cancel before the end of the current subscription period or the free trial period, as described above.
Deleting your account or removing the App from your device will not cancel your free trial. If the user previously signed up for a free trial of Raya Culture via the Apple App Store or Google Play Store, they will not be eligible for another free trial and will automatically be enrolled in a subscription and charged as described in this paragraph.
Refunds
Generally, all purchases are non-refundable, and there is no refund or credit for partially used periods.
In accordance with EU legislation, the user has the right to a full refund within 14 days of the subscription start date, corresponding to the unused subscription period, by contacting Raya Culture. This 14-day period begins when the subscription is initiated.
To request a refund:
In addition to the cancellation, users who have subscribed to any service and are eligible should request a refund to receive it. If the user subscribed using their Apple ID, refunds are processed by Apple, not Raya Culture. To request a refund, the user must go to iTunes, click on their Apple ID, select "Purchase History," find the transaction, and click "Report a Problem." The user may also submit a request through Apple Support.
For all other purchases:
Contact us via our email address (weare@rayaculture.com), providing the order number (you can find the order number in the order confirmation email or if purchased on Google Play Store, by logging into Google Wallet). You may also mail or deliver a signed and dated notice stating that you wish to cancel this contract, or words of similar effect.
Also, include the email address or phone number associated with your account along with the order number. This notice should be sent to the following address: Avenida General Roçadas, n.º 66, 4º Esq., 1170-164 Lisbon, Portugal.
Taxes
The payments required in this Section 6 include sales, value-added, or other taxes of any kind or nature similar to those whose legal obligation to pay exists in the relevant jurisdiction.
7. VIRTUAL ITEMS
Sometimes, as a user, you may acquire a limited, personal, non-transferable, non-sublicensable license to access special limited-use features of Raya Culture, referred to here as "Virtual Items."
Users can only purchase Virtual Items through Raya Culture's partners or directly through Raya Culture. Virtual Items represent a limited license right governed by this agreement, and except where prohibited by applicable law, no title or ownership of Virtual Items is transferred or assigned to the user. This agreement and the purchase of Virtual Items do not constitute the sale of any rights to the Virtual Items.
Any Virtual Item balance displayed on your account does not constitute a real-world balance or reflect any stored value, but shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license to Virtual Items will be terminated at the first instance when the service provision ceases or your account is closed.
Raya Culture may sometimes provide Virtual Items as bonuses for paid subscriptions to its services. Your ability to use the Virtual Items to which you have access in this way may terminate at the end of each of your subscription periods, and your access to Virtual Items cannot be "extended" or accumulated during additional subscription periods. Access to Virtual Items obtained through subscriptions may also terminate if you cancel your subscription.
Raya Culture, at its sole discretion, reserves the right to charge fees for access to or use of Virtual Items and/or may distribute Virtual Items with or without cost. Raya Culture may manage, regulate, control, modify, or remove Virtual Items at any time, including actions that may affect the perceived value or purchase price, if applicable, of any Virtual Items, and Raya Culture will have no liability to the user for doing so.
The user must not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
All purchases and receipts of Virtual Items made through our services are final and non-refundable. The user acknowledges that Raya Culture is not obligated to provide a refund for any reason, and will not receive money or other compensation for unused Virtual Items when an account is closed or deleted, whether voluntarily or involuntarily.
8. PUSH NOTIFICATIONS; GEOLOCATION FEATURES
We may send emails, text messages, push notifications, alerts, and other messages related to the App and/or the services of Raya Culture, such as improvements, offers, products, events, and other promotions.
After downloading the App, we will ask if you accept or decline push notifications and alerts. If you decline, you will not receive push notifications or alerts. If you accept, they will be sent automatically to you.
If you no longer wish to receive push notifications or alerts from the App, you can disable them in your mobile device settings.
As for other messages and communications, such as emails, text messages, etc., you can opt-out by following the specific instructions for each type of communication.
The App may allow access or provide opportunities for you to view certain content and receive other products, services, and/or materials based on your location.
To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software on your mobile device.
If you have set your mobile device to disable GPS, Bluetooth, or other software for determining your location, or if you do not allow the App to access your location data, you will not be able to access those specific contents, products, services, and materials.
To learn more about how the App uses and stores your information, please read the Privacy Policy.
9. DISCLAIMER
The App, website, our content, and the content of members are all provided to the user "as is" and "as available," without any warranty of any kind, either express or implied, including but not limited to, suitability for a particular purpose, title, or non-infringement.
Without limiting the foregoing, we do not guarantee the compatibility of any connections.
If any applicable law does not permit the foregoing exclusion, we will provide the minimum warranties expressly indicated by the applicable laws.
No advice or information, whether verbal or written, will create any warranty, nor any right not expressly set forth in this section.
Additionally, we do not offer any guarantees that our App or website will be uninterrupted, secure, or error-free, or that the use of the App or website will fully meet your expectations, or that the App or website, our content, or the content of any member, or any part of it, is accurate, correct, or reliable.
The use of the App or website is at your sole and exclusive responsibility, account, and risk. You are solely responsible for your interactions with other members.
Raya Culture is not responsible for the conduct of any user. As previously mentioned, Raya Culture does not and is not required to conduct any criminal record checks on its users.
10. LIMITATION OF LIABILITY
Raya Culture will not be responsible for any direct, indirect, or incidental damages, including but not limited to loss of data, reputation, or material damages, nor for third-party claims arising from your access to or use of the App or website, our content, or any user's content, based on contract resolution, tort (including negligence), infringement of property rights, or liability for any other reason.
The above applies even if we are notified of the possibility of such damages.
If you are dissatisfied in any way with our App or website, your sole and exclusive remedy is to immediately stop using them.
By accepting these terms, you waive any and all claims arising from your use of the App or website.
Since some states do not allow the exclusion of warranties or the exclusion or limitation of certain types of damages, these provisions do not apply to you if you are a resident of those states.
This limitation of liability is a fundamental element of the basis of the agreement and reflects the equitable allocation of risks.
The App and website cannot be used without accepting these limitations, and you agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies specified herein remain intact even if there are failures in the essential purpose.
The above does not apply to liability arising from any fraud or fraudulent misrepresentation, or any other liability that cannot be limited under applicable law.
11. INDEMNIFICATION
All actions you take in our App and the information you publish therein are your sole responsibility.
Therefore, as a user, you may be required to indemnify us in any actions or legal proceedings (including legal fees) suffered or reasonably incurred by us arising from, or in connection with:
Any acts of negligence, omission, or fraud on your part;
Your access and use of the App;
The publication or submission of your content in the App;
Any violation of these Terms by you; and/or
Your violation of any law or the rights of any third party.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, our total liability shall not exceed twice the amount you paid for the subscription, service, or virtual item purchased, on an individual basis.
12. PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM
If you believe that any content on Raya Culture infringes your copyright on a work, please send an email claiming such infringement, which must include the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
Identification of the work alleged to have been infringed or, if multiple works on a single online site are covered by a single notification, a representative list of such works;
Identification of the material believed to be infringed and that must be removed or disabled, with sufficient information to allow the service provider to locate the material;
Reasonably sufficient information to allow the service provider to contact you, such as your address, phone number, and, if available, email address;
A statement that the claimant is acting in good faith with respect to the claim that the use of the material in the manner claimed is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notice is accurate and that the claimant is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
The email containing the above content should be sent to our agents at the following email address: weare@rayaculture.com.
13. THIRD-PARTY APP STORE
The following additional terms and conditions apply to you if you download our App from a Third-Party Store.
To the extent that the other terms and conditions in these Terms are less restrictive than or do not conflict with the terms and conditions of this section, the more restrictive terms in this section apply, but only with respect to the app and the Third-Party Store.
You acknowledge and agree that:
These Terms are entered into exclusively between you and Raya Culture, not with the Third-Party Store providers, and that Raya Culture (and not the Third-Party storage providers) is responsible for the App and its content. To the extent that these Terms describe usage rules for the App that are less restrictive or conflict with the terms of service of Third-Party Stores from which you may obtain the App, the more restrictive terms of the Third-Party Stores will take precedence and apply.
The provider of a Third-Party Store has no obligation to provide any maintenance or support services for the App. Raya Culture is solely responsible for any product warranties, whether express or implied. Third-Party Store providers will have no warranty obligations regarding the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any non-compliance with any warranty will be the sole responsibility of Raya Culture.
Raya Culture, and not the Third-Party Store providers, is responsible for resolving any claims you or any third party may have regarding the use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App does not comply with all applicable legal or regulatory requirements; (iii) allegations related to consumer protection laws or similar legislation; and/or (iv) claims of intellectual property rights infringement.
The providers of Third-Party Stores and their affiliated companies are third-party beneficiaries of these Terms, and by accepting these Terms, the Third-Party Store providers from which you obtained the App will have the right (and it will be considered that you accepted the right) to enforce these Terms against you as third-party beneficiaries of these Terms.
In the event of a conflict between the applicable terms and conditions of a Third-Party Store or mobile network operator and these Terms, the terms and conditions of the Third-Party Store or mobile network operator shall apply.
We are not responsible for and have no liability for goods or services from third parties obtained through a Third-Party Store or mobile network operator.
14. DISPUTE RESOLUTION
Please read the following arbitration agreement carefully in this Section ("Arbitration Agreement"). This agreement requires you to arbitrate disputes with Raya Culture and limits the way you can pursue a remedy for your dispute with us.
When does this Arbitration Agreement apply?
This Arbitration Agreement applies to any disputes or claims of any kind (whether based on contract, tort, statute, regulation, decree, fraud, misrepresentation, or any other legal or equitable theory) between you and Raya Culture arising out of or related to these Terms, any prior versions thereof, the use of our App, or any other aspect of your relationship with Raya Culture, including claims or disputes arising (but not filed in arbitration) before the effective date of these Terms. By entering into these Terms, you and Raya Culture agree that such disputes or claims will be resolved by mandatory arbitration first, and not in court, except: you or Raya Culture may pursue equitable relief in court for the infringement or misuse of intellectual property rights.Dispute Notice and Informal Dispute Resolution
Before initiating the arbitration process, you and Raya Culture agree to notify each other about the dispute in writing at least 60 days before initiating arbitration. The notice must be sent by mail to our agents at the following address: Avenida General Roçadas, 66, 4º Esq., 1170-164 Lisbon, Portugal and must include your name, current email address, mailing address, and phone number, as well as the name, email address, and phone number associated with your Raya Culture account (if different from your current information), and describe the nature of the claim and the specific relief you are seeking.
You and Raya Culture agree to meet and discuss, via teleconference or videoconference, with good faith efforts from both parties to informally resolve any claim or dispute covered by this Arbitration Agreement.
If either party is represented by an attorney, the attorney may participate in the informal dispute resolution conference.
All offers, promises, conduct, and statements made during the informal dispute resolution process by either party, their agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceedings.
The informal dispute resolution meeting must occur within 60 days after receiving the written notice described above, unless a mutually agreed extension of the time period is made.
If, after participating in that meeting, the parties are unable to resolve the dispute, the claimant may initiate arbitration in accordance with this Agreement.
The completion of this informal dispute resolution is a precondition to filing any arbitration claim.
Failure to do so is a breach of this Agreement, and no arbitration claim will be valid unless such written notice is provided and good faith discussions have been conducted by both parties.
Any statute of limitations will be suspended while the parties engage in the informal dispute resolution process described in this section.How do you initiate the arbitration process?
If informal dispute resolution is not sufficient to resolve the matter, either party may initiate a process with the Arbitration Court (Centro de Arbitragem de Conflitos de Consumo - PORTO CICAP), located at Rua Damião de Góis n.º 31, Loja 6, 4050-225 Porto, governed by the rules of the Voluntary Arbitration Law (Law No. 63/2011, December 14).What are the arbitration rules?
The Voluntary Arbitration Law (Law No. 63/2011, December 14) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the mentioned law does not apply to any issue related to the interpretation or enforcement of this Arbitration Agreement, such issue will be determined by the law of Portugal, notwithstanding the principles of choice of law, according to Section 17 of these Terms.
15. TERMINATION AND REMEDIES
The effectiveness of these Terms begins on the date you accept them and remains in effect until termination, according to the terms of this document.
You may delete your account at any time by logging into the App, accessing "Settings," and following the instructions to delete your account.
Please note that if you delete your account, your subscription will continue until the end of the subscription period you have paid for (allowing you to reactivate your account within that period while keeping the subscription), but you will not be entitled to a refund, except as indicated in Section 6. In addition to deleting your account, you will also need to cancel any subscriptions purchased through third-party stores (e.g., Google Play) to prevent further charges.
If Raya Culture determines, at its sole discretion, that you have violated any part of these Terms, misused the App, or otherwise demonstrated conduct that Raya Culture deems inappropriate or illegal, Raya Culture reserves the right to:
a) Warn you by email (to any email addresses you have provided) stating that you have violated the Terms;
b) Delete your Member Content;
c) Delete your Account;
d) Suspend your subscription(s) without any refund;
e) Notify and/or send your Member Content to cooperate fully with the competent legal authorities for future actions;
f) Take any other action that Raya Culture considers appropriate based on the severity of the case.
By accepting these Terms, you agree that all terminations for cause will be made at the sole discretion of Raya Culture and that Raya Culture will not be liable to you or any third party for any termination of your account.
Termination of these Terms or your account includes the removal of access to your account and all associated information and content related to or within your account.
If your account is closed by you or by Raya Culture for any reason, all provisions of these Terms that, by their nature, should survive will survive the termination of these Terms, including, but not limited to, the Arbitration Agreement, provisions concerning property rights, warranty disclaimers, and limitation of liability.
Your information will be retained and deleted according to our Privacy Policy.
16. MISCELLANEOUS
There are a few more things we need to mention before you can use our App.
These Terms, which may be amended later, constitute the entire agreement between you and Raya Culture. These Terms replace all prior agreements, representations, and understandings between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for false identity.
Raya Culture has taken all reasonable measures to ensure that the information contained in the App is up-to-date, available, accurate, complete, and as simple to understand as possible. However, Raya Culture makes no warranties or representations of any kind regarding the information in the App, whether express or implied.
The use of the App and the materials available on it is your responsibility, at your own risk. Raya Culture is not responsible for any loss arising from the transmission or use of data or Member Content that is incorrect.
You are responsible for taking all necessary precautions to ensure that any content you obtain from our App is free of viruses or other harmful components.
You agree that Raya Culture will not be provided continuously or without errors, nor does Raya Culture guarantee that the servers making it available are free from viruses or bugs, spyware, trojans, or any other similar malicious software, despite all the care and diligence that Raya Culture will take to eliminate these anomalies.
Raya Culture is not responsible for any damage to your hardware, software, or other equipment or technology, including but not limited to damage arising from any security breach or from any virus, bugs, alterations, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical failure or malfunction.
Communications between you and Raya Culture may occur electronically, whether you use the App or send emails to Raya Culture, or if Raya Culture shares notices within the App or communicates with you by email.
For contractual purposes, you (a) consent to receive communications from Raya Culture in electronic format; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Raya Culture provides to you electronically will be valid and satisfied as if they were in writing. The foregoing does not affect your statutory rights, including but not limited to electronic signatures, as defined by law.
We are aware of having entered into a balanced agreement with you within the legal standards. However, both the laws and our features may change, which is why we reserve the right to unilaterally review these terms and conditions.
As Raya Culture grows, we may need to make changes to these Terms.
Therefore, we reserve the right to modify, amend, or adapt the Terms at any time ("Modifications").
If we do this, the changes will be published on this page, and we will indicate the Effective Date of the updates at the bottom of the Terms.
In certain circumstances, we may email you to notify you of a specific change. We may also ask you to agree to our changes, but we will notify you of this.
Each user should check this page regularly to be aware of any potential and eventual changes.
Your continued use of Raya Culture after a change constitutes your acceptance of the changes/modifications and, therefore, you will be legally bound by the updated Terms.
If you do not accept the changes to the Terms, you must immediately stop using the Raya Culture App.
Additional Items:
If, for any reason, any of the Terms are declared illegal, invalid, or unenforceable by a court of competent jurisdiction, then the part considered illegal, invalid, or unenforceable will be severed and excluded from the Terms so that the remaining content can survive and remain in full force, binding and enforceable.
No failure or delay in exercising any right, power, or privilege under these Terms shall operate or be understood as a waiver of such right or acceptance of any variation of the Terms, nor shall any single or partial exercise of any of the parties' rights, powers, or privileges prevent any further exercise of that right or the exercise of any other right, power, or privilege.
The user affirms and warrants that:
They are not located in a country that has been designated by the United Nations, the US government, or the EU as a "supporting terrorism" country;
They are not listed as a terrorist organization on any internationally recognized list as such.
By using the App, the user agrees and acknowledges that Raya Culture is a global application that operates through servers located in various countries around the world.
If you live in a country with data protection laws, the storage of your personal data may not provide the same protections as those you have in your country of residence.
By submitting your personal information, the user agrees to the transfer of their personal information for storage and processing in such countries.
The App may contain links to third-party websites or other resources. In such cases, the user acknowledges and agrees that Raya Culture is not responsible:
For the availability or accuracy of those websites or resources; or
For the content, products, or services available on those websites or resources.
Links to such websites or resources do not imply any endorsement.
The user acknowledges their exclusive responsibility and assumes all risks arising from the use of such websites or resources. Practices such as framing, in-line linking, or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms and any rights and licenses granted here cannot be transferred or assigned by you, but may be assigned by us without any restriction.
In the event of a discrepancy between this version in Portuguese and any translated copies of the Terms, the Portuguese version will prevail.
If you have any questions or complaints regarding the App, please contact us at the following email address: weare@rayaculture.com.
17. APPLICABLE LAW AND JURISDICTION
Subject to Section 14 (3), your access to the App, Our Content, and any Member Content, any disputes arising from your relationship with Raya Culture, and these Terms are governed and interpreted by the laws of Portugal and the European Union, where applicable.
All disputes arising from or related to these Terms and/or your relationship with Raya Culture that, for any reason, are not submitted to arbitration, and all disputes or cases questioning the enforceability or applicability of the provisions relating to the arbitration agreement, shall be exclusively submitted for review in the Judicial Court of the Porto District, Portugal.
The user agrees that such court shall have jurisdiction and personal jurisdiction and waives any objection based on the court's incompetence. The user agrees not to file any action against Raya Culture in which they are a party together with others.
18. THE RAYA CULTURE APP
These Terms constitute a binding legal agreement between the user of the App and Raya Culture (“we”).
Raya Culture is owned by the commercial company “OFIR LABS, LDA.”, NIPC 518164861.
Effective Date
These terms come into effect on: 21/06/2024.