Graphene^®     Beverage Packaging Experts

Terms of Use

1.  Introduction

1.1   http://www.graphene-lda.com  is a web site operated by Graphene® Limitada in the following named 'Graphene’.  We are registered in Portugal, EU, under Company number PT509605133 and have legal seat at Rua Clube Desportivo da Povoa 154, suite 11.02,  4490-695 Povoa de Varzim, Porto.  

1.2   We are a Limited Liability Company and VAT number equals the Company registration number.

1.3   The following are Terms And Conditions of a legal agreement between you and Graphene® (the 'Terms Of Use').   By using, accessing or browsing this site or any site at graphene-lda.com whether a sponsored site, managed through a third party vendor or hosted by a third party (collectively, the 'Website'), you acknowledge that you have read, understood, and agree to be bound by these Terms Of Use.

1.4   'Materials' means those materials that are made available through the Services by Graphene or its licensors and specifically does not include Materials made by you or other Users.   

1.5   'Make Available', 'Made Available', 'Making Available' or similar expressions mean making available or enabling by any means including, but not limited to, uploading, posting, emailing, transmitting, distributing, performing, displaying or otherwise making available through any means whatsoever, publicly or privately, on or through the use of the Web site, Services or Materials.

1.6    TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS:  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

2.  Services and Materials

2.1  'Services'.   

Through this website, Graphene provides you with access to a variety of resources, including developer tools, download areas, communication forums and services information (collectively the Website and such resources constitute the "Services"). 

The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms of Use. 

By using the Services or any other website(s) or other online service(s) of Graphene, its affiliates, subsidiaries, successors, assigns and agents (collectively, 'Graphene'), or other site(s) with links to these Terms of Use in any way, including using, transmitting, downloading or uploading any Materials made available or enabled via the Services by Graphene, or by you, or by other users of the Services ('Users'), or merely by accessing or browsing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

2.2  'Materials'. 

Materials made available by Graphene to you or other Users include, without limitation, any:

•   information, data, drawings, documents, text, images, photographs, graphics, audio, videos or webcasts;
•   Services and Technologies.

2.3   Graphene reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time.  It is your responsibility to regularly check these Terms of Use periodically for changes. Your continued use of the contents of this web site following the posting of changes to these Terms of Use will mean you accept and agree to those changes. 

2.4  Services and Materials provided by third parties may be governed by separate agreements accompanying such Services and Materials. 

2.5  Graphene may modify or discontinue, temporarily or permanently, any Service or Material, or any portion thereof, with or without notice. Graphene shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.

2.6  Information may be changed or updated without notice and Graphene assumes no responsibility regarding the accuracy of the information that is provided by Graphene, you or any other User.   

2.7  Information on this Website may contain technical inaccuracies or typographical errors.

3.  Links to third party websites

3.1  Links are provided to take you to third party websites. Such third party websites are not under the control of Graphene and Graphene is not responsible for the content or any form of transmission received from any linked website or any link contained in a linked website, or any changes or updates to such websites.   

3.2  Graphene is providing these links to you only as a convenience and the inclusion of any such link does not imply endorsement nor do we make any representations about these websites, including their privacy policies.   If you decide to access any such third party website, you do so entirely at your own risk.

4.  Links from third party websites

4.1  You are granted a limited, revocable, and nonexclusive right to: 

• create a hyperlink to any non-password protected directories;  
• embed videos, images and text of the Graphene Website into your or third party websites.   The permission is given for all those videos for whom Graphene is openly admitting the possibility of 'share'.  All times the 'share' control is not visible in the video, it cannot be shared nor embedded.

5. Third Party content embedded in this 

website

It exists a particular type of link toward another web site, named Inline linking, but also known as hotlinking, leeching, piggy-backing, direct linking and offsite image grabs where the the first web site makes use of a linked object, often an image, from a second web site.   The second web site is said to have an inline link to the site where the object is located.   This, reducing the bandwidth available to the web site.  Because of this reason, to protect the others websites' bandwidth, in this Graphene® website Third Party embedded contents are limited to the cases where the other website specifically admits them.    Some known examples: YouTube, Vimeo and Roku.

6.  Acceptable Use

6.1   You agree to:

• access and use the Services & Materials in accordance with all relevant laws, regardless of where you are located in the World;
• use the Services and the Materials only for purposes that are permitted by these Terms of Use and as a condition of your use of the Services, you will not use the Services or Materials for any purpose that is unlawful according to any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction or prohibited by these Terms of Use.

6.2   You agree that you will not:

• use any meta tags or any other "hidden text" utilizing Graphene's name or trademarks, without the express written consent of Graphene.   Any unauthorized use automatically terminates the permission or license granted by Graphene and may incur legal liabilities for any damages;
• use the Services or Materials such that it might mislead any person into believing that they are interacting directly with Graphene;
• engage in any chain letters, contests (other than those run by Graphene), junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
• use any Graphene domain name as a pseudonymous return email address;
• make available any Material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
• disrupt, interfere with, or inhibit any other person from using and enjoying the Services or Materials, or other affiliated or linked sites, Services or Materials;
• market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Graphene;
• sell any portion of the Services or any Materials without prior specific and written authorisation by Graphene.   Regarding this authorisation, refer to: 'Rights and Permissions'
• use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials, or collect or store data about other persons using the Services, Materials or Technologies;
• access or attempt to access the Services by any means other than the interface provided by Graphene or to circumvent any access or use restrictions put into place to prevent certain uses of the Services;
• use the Services in any manner that could damage, disable, overburden, or impair Graphene, or the network(s) connected to any Graphene server, or interfere with any other party's use and enjoyment of any Services;
• attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Graphene server or to any of the Services, through hacking, password mining or any other means;
• when using the Contact Form, impersonate any person or entity, including, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• obtain, or attempt to obtain, any Materials or Technologies through any means not intentionally made available by Graphene through the Services;
• make available any infringing, unlawful, harmful, threatening, libelous, defamatory, discriminatory, obscene, or pornographic material, or any other material that you do not have a right to make available to others under any law or contractual or fiduciary relationship or that would violate any law in any jurisdiction;
• use the Services, Materials or Technologies for any infringing unlawful, threatening, harmful, libelous, defamatory, discriminatory, obscene, or pornographic purpose, or any other purpose that would violate any law in any jurisdiction;
• take any action that imposes or may impose (as determined by Graphene in its sole discretion) an unreasonable or disproportionately large load on Graphene’s (or its third party providers’) infrastructure;  
• run any form of auto-responder or “spam” on the Services; 
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;  
• harvest or scrape any Content from the Services;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.

7.  Submitted Information

7.1  Except for the personal registration details requested in Graphene®'s Website registration form, events or access to our services & technologies, neither Graphene nor any of its employees will accept or consider any unsolicited ideas, confidential information or proprietary information, including but not limited to ideas for new applications, products or technologies, processes or materials.  The purpose of this policy is to avoid potential misunderstandings in the event Graphene®'s Services, Materials or Technologies might seem similar to such ideas or information.  

7.2   Any information or material sent to Graphene® or which you make available through your use of the Services or Materials will be deemed not to be confidential, except your name and address provided within registration pages. 

7.3   You hereby grant to Graphene® and each other User a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, sublicensable and transferable license to make, use, sell, import, reproduce, display, perform, modify, transmit, translate and distribute any ideas, concepts, know-how, techniques, information or Material you make available through your use of the Services or Materials (collectively, 'Submitted Information'), and you agree that Graphene and any User is free to use such submitted Information for any purpose whatsoever, including but not limited to incorporation of such submitted Information into other works in any format or medium now known or later developed, commercial or non-commercial, without compensation or credit to you. 

7.4   Graphene will not release your name or otherwise publicize the fact that you submitted materials or other information to Graphene unless: 

• your identity is discernible to other Users by your having made available the submitted Materials; 
• we obtain your permission to use your name; 
• we first notify you that the materials or other information you submit to a particular part of the web site will be published or otherwise used with your name on it; 
• we are required to do so by law.

7.5   Graphene® does not endorse any submitted Information, or any opinion, recommendation, or advice expressed therein, and Graphene® expressly disclaims any and all liability in connection with such submitted Information. You shall be solely responsible for your Submitted Information and the consequences of having made available the submitted Information. 

7.6   With respect to your submitted Information, you represent and warrant that you own or have all necessary licenses, rights, consents, permissions and other Intellectual Property Rights to use and authorize Graphene® to use all Intellectual Property Rights in and to any and all of such submitted Information to enable inclusion and use of the Submitted Information in the manner set out in these Terms of Use and to grant the license and sublicenses described in these Terms of Use. 

7.7   You agree to defend, indemnify and hold harmless Graphene®, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to your Submitted Information, including without limitation in connection with any claim of infringement of any Intellectual Property Right of any third party.

7.8   Graphene® is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the Website where Users make available submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other User forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services. 

7.9   Without limiting the foregoing, Graphene® may in its sole discretion, at any time and without notice: 

•  refuse to post or remove any or all such content; 
•  terminate your access to and/or use of any or all of the Exchange Services (including termination due to infringement of intellectual property laws); 
•  modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as Graphene® deems necessary to satisfy any applicable law, regulation, legal process or governmental request. 

7.10   Graphene, however, will have no liability relating to any of the content of any such Submitted Information or exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

7.11   Unless expressly agreed to by Graphene® in writing elsewhere, Graphene has no obligation to store any of your Submitted Information.  

7.12  Graphene® has no responsibility or liability for the deletion or accuracy of any Materials, including any Submitted Information, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. 

7.13   You agree that Graphene® retains the right to create reasonable limits on the use of the Materials, including Submitted Information, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Graphene® in its sole discretion.

8. Trademarks, Service Marks and Logo

8.1  “Graphene” is a registered trademark of Graphene, Lda.

8.2  These Guidelines are for Graphene® Customers & other Parties wishing to use trademarks, service marks or images whose Author rights are owned by Graphene in promotional, advertising, instructional, or reference Materials, or on their web sites, products, pabels, or packaging.   

8.3   Use of the Graphene® logo for commercial purposes without the prior written consent of Graphene may constitute trademark infringement and unfair competition in violation of international laws.   

8.4   Use of Graphene® trademarks is prohibited, unless expressly authorized.   Regarding this authorisation, refer to: 'Rights and Permissions'

8.5   If You are a licensee of a Graphene® trademark or logo and have been provided with special trademark usage guidelines with Your license agreement, please follow those. 

8.6   If your license agreement does not provide usage guidelines, then follow these guidelines.   

8.7   Graphene’s trademarks, service marks, trade names, and trade dress are valuable assets.  By using a Graphene® trademark, in whole or in part, you are acknowledging that Graphene® is the sole owner of the trademark and promising that you will not interfere with Graphene®’s rights in the trademark, including challenging Graphene’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Graphene trademark.   

8.8   The goodwill derived from using any part of a Graphene® trademark exclusively injures to the benefit of and belongs to Graphene®.   

8.9   Except for the limited right to use as expressly permitted under these Terms of Use, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please submit your query to Graphene.  

9.   Compatibility

9.1   Nominative Use of Graphene trademarks

Anyone can use Graphene® trademarks if that use of the trademark is nominative. The "nominative use" (or "nominative fair use") defense to trademark infringement is a legal doctrine that authorizes everyone (even commercial companies) to use another person's trademark as long as three requirements are met:

• The product or service in question must be one not readily identifiable without use of the trademark; 
• Only so much of the mark or marks may be used as is reasonably necessary to identify the product or service;
• The organization using the mark must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.

The trademark nominative fair use defense is intended to encourage people to refer to trademarked goods and services by using the trademark itself.  This trademark defense has nothing to do with Copyright fair use and should not be confused with those rules.

9.2   “Confusing similarity" or "likelihood of confusion" test

Some uses of another person's or Company trademark are nominative fair use, but some uses are simply infringing.  Indeed, if a trademark is used in such a way that the relevant consuming public will likely be confused or mistaken about the source of a product or service sold or provided using the mark in question, then likelihood of confusion exists and the mark has been infringed.

Note that, even if there is no likelihood of confusion, you may still be liable for using another Company's trademark if you are blurring or tarnishing their mark.

9.3  Designers and Developers may use Graphene®, or any other Graphene word mark (but not the Graphene® logo or other Graphene-owned graphic symbol or logo) in a referential phrase on promotional or advertising materials, to describe that the third party product is compatible with the referenced Graphene Service or Technology, provided they comply with the following requirements:

•  The Graphene® word mark is not part of the product name.
•  The Graphene® word mark is used in a referential phrase. 
•  The Graphene® word mark appears less prominent than the product name.
•  The service or product or technology is in fact compatible with, or otherwise works with, the referenced Graphene® Service or Technology.
•  The reference to Graphene® does not create a sense of endorsement, sponsorship, or false association with Graphene® or Graphene® Services or Technologies.
•  The use does not show Graphene® or its Service & Technology in a false or derogatory light.

10.   Publications, Seminars and 

Conferences 

Publications, Webpages included, Seminars and Conferences may use a Graphene word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

•  The use is referential and less prominent than the rest of the title.    
•  The use reflects favorably on both Graphene® and Graphene® Service or Technology.
•  Your name and logo appear more prominent than the Graphene® word mark on all printed materials related to the publication, seminar or conference.
•  A disclaimer of sponsorship, affiliation, or endorsement by Graphene®, similar to the following, is included on the publication and on all related printed materials: 

“(Title)  is an independent  (publication)  and has not been authorized, sponsored, or otherwise approved by Graphene, Lda."

•   A trademark attribution notice is included in the credit section giving notice of Graphene®’s ownership of its trademark(s). 

11.  Web Sites 

Web Sites that concerning a Graphene Service or Technology, may use the appropriate Graphene word mark, provided such use complies with the guidelines set forth in the section: 

                  “10.   Publications, Seminars and Conferences” 

above.

12.  Quotations in other websites

12.1  Quotation of information from this website is conditionally allowed in other websites.   In these cases, you must:

• include a dated credit to the Graphene®, immediately close to each quoted text or image or video or graphics;
• provide a functional hyperlink back to:   http://www.graphene-lda.com
• ensure that all Graphene® credit links will always be one click away from the relevant Graphene® information and that there will be no interstitial information between any Graphene® credit link and the relevant Graphene® information.

12.2  The credit obtained adding the phrase: 

“Reproduced under licence from GRAPHENE, LDA.  http://www.graphene-lda.com  ©YYYY GRAPHENE, LDA."

where YYYY represents the year in which the quoted information has been excerpted by this webpage.

13.  Copyright

13.1    Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.   All such rights are reserved.

13.2    Print and download

You may print off copies, and may download extracts, of any page(s) from the Website for personal reference or for reference in your organisation. 

13.3    Sharing

13.3.1  You may draw the attention of others in your organisation and make public out of your organisation.  Material posted on the Website, including video, images and text, sharing it, provided credit is given following what requested in § 12 of these Terms of Use.

13.3.2  You can also share directly by these webpages, by mean of one or more of the > 99 sharing services provided you by AddThis directly in these Graphene® webpages, visible here at left side.   A few examples of these sharing and social data services: Linkedin, Facebook, Google+, Twitter, YouTube, Blogger, Pinterest, Odnoklasniky or Baidu.  

13.4    Modifications

You can modify the paper or digital copies of any materials you have printed off or downloaded in any way, and use any illustrations, photographs, video or audio sequences or any graphics also separately from any accompanying text, audio, video or pictorial item, provided credit is given following what requested in § 12 of these Terms of Use.

13.5    Authorship

Our status (and that of any identified contributors) as the Authors of Material on the Website must always be acknowledged, following the instructions given above in § 12 of these Terms of Use.

13.6    Licensing for commercial purposes

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.   Regarding this authorisation, refer to: 'Rights and Permissions'

13.7    Graphene® reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in Portugal.

13.8   For use of Graphene copyrighted material in books or publications, please submit your detailed request to: 

                                            [email protected] 

including the following:

•   specific image(s) or material for which you are seeking permission
•   surrounding copy or text to the Graphene® material you wish to use in your project
•   Publisher, if applicable,
•   publishing date (and countries), if applicable,   
•   title, if applicable
•   how Graphene® and its services or technologies fit into your project,
•   your deadline.

14. Authorized use of Graphene® logo 

in other Web Sites

It is allowed the referential use of Graphene® logo in other Web Sites, commercial and non-commercial, provided due credit is given following what requested in § 12 of these Terms of Use.  The logo authorized is the registered one visible here:

which can be downloaded here.

15.   Unauthorized Use of trademarks

• Company, Product, or Service Name: You may not use or register, in whole or in part Graphene® trademark, including Graphene-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
• Graphene logo and Graphene-owned graphic symbols:  You may not use the Graphene® logo(s) or any other Graphene-owned graphic symbol, logo, or icon on or in connection with products, packaging, promotional/advertising materials, except pursuant to an express written trademark license from Graphene, such as a reseller agreement.          
• Variations, Takeoffs or Abbreviations:  You may not use a variation of the Graphene logo(s) for any purpose.  Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Graphene trademark for any purpose.                                                                                                                                                  

         As an example, are not acceptable:

• Graphenelda            
• GrapheneLda             
• GRAPHENELda           
• Graphene.Lda           
• Graphene.lda           
• GRAPHENE.Lda
• graphenelda
• GRAPHENELDA

• Disparaging Manner:  you may not use a Graphene® trademark or any other Graphene-owned graphic symbol, logo, or icon in a disparaging manner.
• Endorsement or Sponsorship:  you may not use Graphene® trademark, including Graphene-owned graphic symbols/logos, or icons, in a manner that would imply Graphene’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
• Merchandise Items:  you may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Graphene® trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Graphene®.
• Graphene’s Trade Dress:  you may not imitate the distinctive Graphene® web site design, logos, or typefaces.
• Slogans and Taglines:  you may not use or imitate an Graphene® slogan or tagline.

16.   Domain Names

You may not use an identical or virtually identical to the trademark, as a second level domain name.       

As an example, they are not acceptable:         

• “graphene.limited”                   
• “graphene-lda.com”
• “graphenelda.com”      
  
• “graphene.support”
• “graphene.consulting”

17.   Indemnity

You agree to:

• indemnify, 
• defend,
• hold harmless Graphene®,
• its officers, 
• directors, 
• employees, 
• agents, 
• licensors, 
• shareholders, 
• subsidiaries, 
• affiliates, 
• successors in interest,
• suppliers 

from and against all:

• demands, 
• liability, 
• claims, 
• losses, 
• expenses, 
• damages,
• costs, including reasonable attorneys' fees, 

resulting from your Submitted Information, any violation of these Terms of Use or any activity (including but not limited to negligent or wrongful conduct or violation of Intellectual Property Rights) related to, arising out of or in connection with your use of the Website, the Services & the Technologies.

18. Nature of Communications on Graphene® network

18.1   When you use Graphene® Services, including the Contact Form, you acknowledge that in using the Services to send electronic communications (including but not limited to email, search queries, sending messages to Graphene, posting in the Blog and other Internet activities), you will be causing communications to be sent through Graphene's computer networks. 

18.2   Portions of these networks are located in the United States of America, portions in Portugal and, via Content Delivery Network, also in Australia, Austria, Canada, Czech Republic, France, Germany, Hong Kong, Japan, Poland, Singapour, South Korea, Sweden, The Netherlands and United Kingdom.

18.3   As a result, and also as a result of the architecture of Graphene network, business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications, regardless of where you are physically located at the time of transmission.  

18.4   By agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

19.   Governing Law and Jurisdiction

19.1  The website is controlled by Graphene from its seat in Porto.

19.2  This website can be accessed from all countries around the world.  As each of these places has laws that may differ from those of Portugal, by accessing this website, you agree that all matters relating to access to, or use of, the website, or any other hyper-linked website, shall be governed exclusively by the laws of Portugal, without regard to the conflicts of laws principles thereof.  

19.3  You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Portugal, and acknowledge that you do so voluntarily, for any dispute or legal matter arising out of or in connection with this Agreement or your use of the Service, Materials & Technologies.  Notwithstanding this, you agree that Graphene shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19.4  You are responsible for complying with the laws of the Country from where you access the web site.

19.5  The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Graphene intends to announce such Services or Materials in your country.   

19.6  Graphene® makes no representation that the Services implicit  are appropriate or available for use at other locations outside of Portugal, and access to the Services from jurisdictions where the Services or Technologies  are illegal is prohibited.   

19.7  Graphene® reserves the right to block access to the Services, Materials or Technologies by certain international Users.   

18.8   This agreement will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

20.  Language

It is the express wish of the parties that these Terms of Use, any EULA and all related documents have been drawn up in English. 

21.  Cautionary Language Regarding 

Forward-Looking Statements

21.1  This Site may contain statements, estimates or projections that constitute "forward-looking statements". Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. 

21.2  Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Graphene®'s historical experience and our present expectations or projections. 

21.3  These risks include, but are not limited to:

• our ability to finance expansion plans, share repurchase programs and general operating activities; 
• changes in the beverages’ bottling services and technologies business environment, including actions of competitors and changes in consumer preferences; 
• regulatory and legal changes; 
• interest rate and currency fluctuations; 
• changes in economic and political conditions; 
• our ability to penetrate developing and emerging markets; 
• the effectiveness of our advertising and marketing programs; 
• litigation uncertainties; 
• adverse weather conditions; 
• and other risks. 

You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. 

21.4  Graphene® undertakes no obligation to publicly update or revise any forward-looking statements.

22.   No invitation or recommendation to invest

No information on This Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Graphene® Lda., and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities.   If You are considering an investment, You should make Your own, independent assessment and obtain appropriate professional advice.

23.   Export Control

23.1  Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories.  In particular, but without limitation, no software from this Site may be downloaded or exported:

• into (or to a national or resident of) any US embargoed countries; 
• to anyone on the US Treasury Department's list of Specially Designated Nationals;
• to the US Commerce Department's Denied Person’s List or Entity List.

23.2  Graphene does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list.  

23.3  By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

24.   General

24.1   In the event that any provision of these Terms of Use is held to be indefinite, invalid, illegal or otherwise voidable or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, the other provisions of these Terms of Use will not fail on account thereof, and the balance of these Terms of Use will continue in full force and effect. 

24.2   These Terms of Use (and any applicable EULA) constitute the entire agreement between you and Graphene® governing your use of the website, Services, Materials and/or Software and supersede any prior agreements between you and Graphene® on such subject matter. 

24.3   You may also be subject to other terms and conditions when you access other websites or other portions of the Website, Services, and/or Technologies or if you access, download or purchase non-Graphene® Services or Technologies. 

25.   No Waiver

The failure of Graphene to enforce any part of these Terms of Use shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Use.  Waiver of compliance in any particular instance, does not mean that we will do so in the future.   In order for any waiver of compliance with these Terms of Use to be binding, Graphene® must provide you with written notice of such waiver, provided by one of its authorized representatives.

26.   Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

27.   Versions

27.1  The authoritative version of Graphene website Terms of Use is available at:      

                      www.graphene-lda.com/terms-of-use.html

27.2  While translations of the Terms Of Use may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of the network of websites of Graphene® and the Services, Materials or Technologies of Graphene® there downloadable.

28.   Notices

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail to Graphene® seat in:

Rua Clube Desportivo da Povoa 154  Suite 11.02,  

4490-695 Povoa de Varzim, 

Porto, Portugal

29.   Headings

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

Last update August 18, 2014