Seguir

Service Terms

Last updated: 20 de agosto de 2020

 
Acceptance

These Terms of Service constitute "your access and use service" ("Service") provided by Playax Internet Ltda. ("Playax" or "we"), headquartered at Rua Cônego Eugênio Leite, 631, cj. 21, neighborhood of Pinheiros, CEP 05414-011, in the city of São Paulo / SP, enrolled with the CNPJ under number 21.003.078 / 0001-30, on our website (the "Site") or through other platforms including applications on your mobile device (each an "application"). Please read this agreement. Access the Service and accessing or downloading materials associated with magazine, texts, communication, media or literature "online" or electronic (collective "Licensed Materials"), you have manifested your agreement with this agreement. If you have not agreed to do so, you should not have opted for the Service or the Licensed Materials.

Certain features and features of the service may be subject to other rules, terms or rules, which must have access to information with such features and resources. All terms added and a Privacy Policy of the Privacy Policy, may be found alongside - are incorporated by reference to this Agreement.

This agreement may be amended by Playax from time to time. If you make the important changes, do not forget, by email, the email address that provides your user account information. Provided that you have made your reservation to enter into force thirty (30) days after sending a notice to you, and your subsequent access to or use of the Licensing Service has been set forth in accordance therewith.

1. Capacity and linkage

By using the service, you represent and warrant that the right, authority and legal capacity to enter into this agreement are legally bound by the terms of use and the provisions of this Agreement. If you are an employee who uses the right to appoint an entity, you must ensure that all rights and conditions are binding for the terms and conditions of this Agreement.

2. User Accounts

The service must be done by a registered user on the site. To open an account, click here to get the registration form, click on Registration form and select the form for information on registration forms. If you are a fan of truth, exact, current and complete. A search case by someone who is not true, accurate, current or complete, will have the right to suspend or terminate your use of the service and fines of up to R $ 1,000, When you register, you will receive a username and password ("ID") for each of the registered users. User can not be used or used by more than 1 individual You are the user responsible for using ID and therefore you must be so confidential and be careful to leave your account at the end of each session. You can immediately notify the Playlist immediately of any unauthorized use of your ID or be yourself any of your passwords are no longer confidential. Such a declaration should be made at the address soporte@playax.com. Playax will not be liable for any losses caused by the unauthorized use of your account. Instead, you may be held liable for losses that you may suffer from unauthorized use of your account. Playax reserves the right to request that you change your identity. By creating an Account, you may authorize the publication of an email with the contact information, in accordance with the Privacy Policy, through the email address for information about Playax, services and news.

3. License. Property Rights

3.1. Use of the Service. Subject to the terms of use and conditions of this Agreement, Playax grants its users a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the service solely for personal purposes, and commercial use is prohibited. Sharing the Licensed Material with non-users is strictly prohibited. You must use the Service in a manner consistent with any applicable laws and regulations. You acknowledge and agree that your use of the Service or download of the Licensed Material is at your own risk. Playax reserves the right to change or discontinue the Service (or any part thereof) at any time, with or without notice, without incurring civil liability.

3.2. License for Materials. Subject to the terms and conditions of this Agreement, Playax grants a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download and display Licensed Materials solely for personal, internal, and private purposes and is prohibited from commercial use.

3.3. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, store, outsource, disclose or otherwise commercially exploit the Service or Licensed Materials or make the Service or Licensed Materials available to third parties; (b) you shall not modify, create derivative works, disassemble, reverse engineer, or reverse engineer any portion of the Service or Licensed Materials; (c) you may not access or use the Service to create a similar or competing product or service, or attempt to access the Service through any interface or medium not previously approved by Playax; (d) you may not use any device, software or routine to damage, interfere or attempt to interfere with any application, function or use of the Service; (e) except as expressly provided herein, no part of the Service or Licensed Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (f) any future version, upgrade or change of functionality of the Service (if any) shall be subject to the terms of this Agreement, unless Playax expressly states otherwise. You must retain all copyrights and other proprietary rights to the Licensed Materials and all copies thereof.

3.4. Property Rights. Playax and its licensors are proprietary and own all intellectual property rights to the Service and Licensed Materials, which are protected by copyright, trademark, patent, trade secret and other laws. The Licensed Materials and Services include the material, trademarks, and other proprietary information of Playax and its licensors. Except as expressly provided in this Agreement, use of the Service and Licensed Materials does not transfer to you or to any third party any rights whatsoever, and any and all intellectual property rights in any manner whatsoever shall be preserved in any circumstance and without limitation. content of Playax.

4. Published Content and Conduct - Liability.

As a Playax account holder, you may submit Content to the Service, including music, text and other data. You will be solely responsible for your Content and for the consequences of submitting or posting it. You affirm, represent and warrant that you have or have the necessary licenses, rights, authorizations and permissions to post the Content you submit, and you authorize Playax to use such Content on the Service in accordance with these Terms of Service. You are obligated not to send copyrighted material for business secrecy or otherwise infringe any third party's rights, whatever they may be. Playax may require you to prove that you have permission from the rightful owner of the material or, if you are legally authorized to publish it, that you grant the rights to publish it. You further agree not to send to the Service any Content or other material that is contrary to local, national and international laws, regulations, morality and good manners.

You are solely responsible for the Content you post on or through the Service. Playax does not endorse any Content submitted to the Service by any user or licensor or any opinion, recommendation or advice expressed therein.

Playax does not allow activities that violate copyright, intellectual property rights and any other rights in its Service, and will remove all Content when properly notified that it infringes third party rights and legislation. Playax reserves the right to remove the Content without prior notice.

5. Data Provided by You to Playax

5.1. License for Artist Data. In connection with your use of the Service, you may provide us with data about yourself (if you are an artist) or artist (s) that you represent ("Artist Data") in the fields and formats we accept. grant to Playax a limited, non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the artist's data solely for the purpose of optimizing, validating, enhancing, supplementing, and improving the Service and offers of products and services related to Playax.You agree not to provide any Artist Data that you know is false or inaccurate, or the intent of which is to corrupt or falsely distort our data or the Service, and you acknowledge and agree that we we have no obligation to confirm the validity or verify the accuracy of the Artist Data.

5.2. Restrictions. To the extent that your 'Artist Data' is not publicly available or available to us from another unrestricted source, we will only use it on an aggregate basis in connection with our services and will only disclose it to third parties for that purpose. under reasonable conditions of confidentiality. Except as expressly provided in this Agreement, the provision of the artist's data does not transfer to us or to any third party any rights or property thereto.

6. Signature, charges and cancellation

6.1. signature
6.1.1. Continuous signature. Your Playax Subscription Plan will continue each month, unless and until you cancel your subscription, or Playax terminates it. To use the Playax service, you must have access to the Internet and provide a valid, accepted form of payment (the "form of payment", which may be updated periodically). We will charge the monthly subscription price of your form of payment. In order to avoid charging the subscription price for your form of payment, you will need to cancel your subscription before the monthly renewal date.

6.1.2. Different signatures. Playax may offer different subscription plans, including promotional plans or subscriptions, with different conditions and limitations. Any terms that are considerably different from the terms in these Terms of Use will be informed during registration or other communications made available to you. You will find specific details about your subscription to Playax by visiting our website and clicking on the "My Account" link. Certain promotional signatures are offered by third parties, together with the products and services of these third parties. Playax is not responsible for the products and services provided by such third parties. Playax reserves the right for you to change, terminate or modify the subscription plans offered.

6.1.3. Periods of free use. Playax may offer a free period of use. The free subscription period will last for one month or the duration specified during the subscription. Combination with other offers is subject to restrictions. The free usage period is only for new subscribers and certain former subscribers of the service. Playax reserves the right to determine who qualifies for the period of free use. Playax will begin charging your monthly subscription fee at the end of the free subscription period unless you cancel your subscription before the end of the free usage period. To view the specific details of your subscription, including the monthly subscription price and the end date of your free usage period, go to the Playax website and click on the "My Account" link. Playax may use different forms of authorization to charge its form of payment, including the authorization of approximately one month of service at the time of its registration. In certain cases, your balance or credit limit may be reduced to reflect the authorization during your free usage period. You will not be notified by Playax that your free usage period has expired or that your subscription payment period has begun. CLICK THE "YOUR ACCOUNT" LINK ON THE TOP OF ANY PLAYAX WEBSITE (www.playax.com) TO OBTAIN CANCELLATION INSTRUCTIONS. Playax will continue to charge the subscription price for your form of payment monthly until you cancel.

6.2. Collection
6.2.1. Dynamic prices. Tuition amounts are calculated from the audience level of each artist, taking into account the number of plays on radios, TVs, websites and streaming services, as well as presence on social networks. By initiating your subscription to Playax, you agree that the amount charged each month may vary according to this audience level and you authorize Playax to charge such forms of payment for such variable amounts.

6.2.2. Promotional Credits. Along with the subscription to Playax, you may, at your sole discretion, offer credits for carrying out outreach campaigns within the site. Such credits shall be used in the same month in which they were issued. Credits are not cumulative.

6.2.3. Recurring recovery. By initiating your subscription to Playax and informing or designating a form of payment, you authorize Playax to collect from the form of payment the amount equivalent to one month's signature at the current price at the time of collection, as well as any other amounts charged in relation to your use of the Playax service. You agree that the amount charged each month may vary by audience level, for reasons such as promotional offers, redemption of sign-ups and promotional codes and / or change or addition of plans. You agree to authorize Playax to collect from your form of payment such variable amounts, which may be charged one or more times.

6.2.4. Changes in prices. Playax reserves the right to adjust the prices of the Playax service, or parts of the service, in any way, at any time and according to its own and exclusive criteria. Except as expressly provided in these Terms of Use, any changes to the prices of the service will take effect by sending you an email statement. For subscribers in Brazil, subscription prices may be adjusted automatically each year or more frequently, as permitted by current legislation and according to the General Market Price Index (IGP-M) published by the Getúlio Vargas Foundation or other equivalent index applicable to the Playax service.

6.2.5. Collection cycle. The subscription fee for the service will be charged at the beginning of the paid period of your subscription and for each month you follow, unless and until you cancel your subscription. Playax will automatically charge you the form of payment provided each day of the month corresponding to the day your paid subscription began. The subscription fee will have been fully acquired upon your payment. Playax reserves the right to change the billing cycle, especially if it was not possible to charge the subscription value of its form of payment. If your paid subscription has started on a day that does not recur in a given month, Playax will charge your form of payment on an applicable day of the month or another day that you deem appropriate. For example, if you started your Playax subscription or became a paying subscriber on January 31, your next payment date is likely to be February 28, and your form of payment will be charged on that date. Your subscription renewal date may change due to changes to your subscription. Visit the Playax website and click on the "My Account" page to find out the start date of your next subscription period. Playax may request authorization from your form of payment to prepare the collection fee or other charges related to the service. In the context of these Terms of Use, "collection" means to post a debit, debit or offset the amount to be withdrawn, whichever is applicable, from your form of payment. Unless otherwise described, month or monthly refer to your billing cycle.

6.2.6. There will be no refunds. PAYMENTS ARE NOT REFUNDABLE AND THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIALLY USED SIGNATURE PERIODS. However, after the cancellation, you will continue to have access to the service until the end of the current charge period. At any time and for any reason, Playax may reimburse, give discounts or other forms of consideration to any or all of its subscribers ("credits"). The value and form of such credits, as well as the decision to issue them, are at Playax's sole and absolute discretion. The issue of credits will not entitle you to future claims for similar situations and will not oblige Playax to issue credits in the future under any circumstances.

6.2.7. Payment methods. You can edit the data of your form of payment by accessing the Playax website and clicking on "Your account", the link displayed at the top of every page of the Playax site. If it is not possible to clear the entire amount due from your form of payment, whether due to expiration, insufficient funds or otherwise, and you do not change your payment information or cancel your account (see section "Cancel" below), you will remain responsible for all unpaid amounts and authorize Playax to continue to charge you for the form of payment, which may be updated. This may change the dates of your billing cycle. For certain forms of payment, the financial institution of the form of payment may charge fees corresponding to international financial transactions or other fees. See your form of payment's financial institution for more details.

7. Third Party Integrations and Services

Our Service may contain links to or allow you to connect and use certain external third-party products, services, or software in conjunction with your use of our Services and Products (“Third Party Services,” and each, a “Third Party Service”), including certain social media networks and other integration partners. To take advantage of these features, you may be required to sign up or log into such Third Party Service on their respective websites or applications. By enabling the Service to access such Third Party Service, you are permitting Playax to pass on your login information to the Third Party Service and granting the Third Party Service permission to access or otherwise process your data. You acknowledge that your use of such Third Party Service is governed solely by the terms and conditions and privacy policy of such Third Party Service (see the full list of ‘Privacy Policies of 3rd Parties We Integrate With’ bellow), and that Playax does not endorse, is not liable for, and makes no representations as to the Third Party Service, its content, or the manner in which such Third Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such Third Party Service and your reliance on the policies, privacy practices, and data security processes of such Third Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third Party Service. Certain features of our Device may depend on the availability of these Third Party Services and the features and functionality they make available to us. We do not control Third Party Service features and functionality, and they may change without any notice to us. If any Third Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by Playax in our sole discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third Party Service or any resulting change to our Services. You irrevocably waive any claim against Playax with respect to such Third Party Services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Privacy Policies of 3rd Parties We Integrate With:

You can at any time review and, if you wish, revoke any data access permissions granted by you to Playax for your YouTube channel (and/or any other Google products) in Google security settings page;


8. Duration

Subject to this Section, this Agreement shall remain in full force and effect while you use the Service and / or maintain an account. Unless otherwise provided in the Purchase Order, you may terminate your account at any time, for any reason, by sending an email to playax@playax.com. Subject to the Purchase Order, Playax has the right to terminate this Agreement, suspend or terminate your access to the Service, for any reason, by sending you prior notice at the email address you provide to your Account. In the event of termination of this Agreement by either party, the right to access and use the Service will be terminated immediately. You agree that we shall have no liability for any costs, losses, damages or liabilities arising out of or in connection with termination of this Agreement or denial of your access to or use of the Service. Even after this Agreement is terminated, the following provisions shall remain in force: Sections 5, 7, 8, 9, 10, 12, 13 and 14.

9. Warranty Disclaimer

To the extent permitted by applicable law, the Service and Licensed Materials are provided "as is" and as available and Playax expressly disclaims all warranties and conditions of any kind, either express or implied, including but not limited to warranties Playax does not guarantee and promises no specific result of the use of the Service or Licensed Materials. Playax makes no warranty as to the results, data or Licensed Materials obtained or derived from the use of the Service, or that it will be uninterrupted, free of viruses or other harmful, timely, secure or error-free code.You agree that Playax is not responsible for the exclusion, non-delivery or storage failure of any communication or personalization or preference settings.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of an implied warranty, so the above limitations may not apply to you.

10. Limitation of Liability

To the extent permitted by applicable law, Playax shall not be liable to you or any third party for any loss of profits, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with your use of the Service, Site or Material Licensee under this Agreement, even if Playax has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Playax's liability to you for any reason whatsoever and regardless of the form of the action will always be limited to a maximum of (1) an amount equal to the amounts you paid to Playax at 12 (twelve) months prior to the request; and (2) one hundred reais (R $ 100.00). The existence of one or more claims will not serve to increase this limit. You acknowledge and agree that Playax's liability limitations are (a) reasonable in view of your ability to use the Service, Site, or Licensed Material in the Fees charged by Playax, and (b) essential and fundamental parts which are necessary to enable Playax to enter into this agreement.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of an implied warranty, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold Playax, its subsidiaries, affiliates, directors, agents and other partners and their employees harmless from and against any loss, liability, claim, demand, cost or expense, including attorneys' fees, arising out of or relating to: (a) your use of the Service, Site or Licensed Material, (b) your use of the artist's data in accordance with the terms of this Agreement, or (c) breach of this Agreement.

12. Electronic Communication

Communication between you and Playax will be done electronically, whether you visit the site or send us emails, or if Playax publishes notices about the Service or communicates with you via email. For contractual purposes, you agree to receive communications from Playax in electronic format; and (b) you agree that all terms and conditions, agreements, notices, disclosures and other communications that Playax provides to you electronically satisfy all legal requirements, in the same way as any written communications on paper.

You may not, by law or otherwise, delegate or transfer your rights or obligations governed by this Agreement to third parties without our prior consent and any attempt to do so will be void.

13. Jurisdiction and jurisdiction

Any claim or controversy between You and Playax, resulting wholly or in part from the use of the Service, shall be exclusively settled by a competent court located in the city of São Paulo.

14. General provisions

These Terms of Service, in conjunction with the Privacy Policy and any other legal notices published by Playax on the Service, are part of the contract between you and Playax in connection with the Service. If any provision of these Terms of Service is held to be invalid by a competent court, invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Waiver of any provision of these Terms of Service shall not be deemed an additional or continuing waiver of this or any other term and Playax's failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision . Playax reserves the right to change these Terms of Service at any time without notice. You will be responsible for reviewing these Terms of Service to verify the occurrence of any changes. Your use of the Service after any addition to the Terms of Service will imply the consent and acceptance of the terms added. You and Playax agree that any lawsuit arising out of or relating to the service must be commenced within one (1) year following the occurrence of the cause of request. Otherwise, the law will prescribe.

Comentários

Powered by Zendesk