GENERAL RULES
(http://oritmo.com/terms)
The following are the terms and conditions (Terms and Conditions) that will govern the use of this website website, and any and all content available from or through ORitmo (Site), including, but not limited to:
This website is; owned and operated by ORitmo., hereinafter referred to simply as “ORitmo” or “No &s” or “site”.
Your use of or access to the Site indicates that youê accept and agree to these Terms and Conditions:
Registration:
Youê You do not need to be registered on the Site to access or use our content or services. However, some areas, content and services are restricted to registered users only.
Use of the Site:
Use of the Site will not grant you; title or any other title to the rights arising from the content, codes, information or materials that you access on or through the Site.
You you can download a copy of the contents free of charge as long as they are available in this way on the Site, provided that you mustá retain copyright and other notices contained therein. The other contents that are not indicated as “free” They can only be acquired upon payment of the corresponding price.
If you make any other use of the Site or its Products, content, code, data and/or materials made available therein, in violation of the authorizations granted, ;unless otherwise stated, you will violate copyright and other civil and criminal laws, and therefore may be held responsible and penalized for such unauthorized use.
Respect for Copyright:
ORitmo respects the intellectual property rights of others and therefore é fundamental requirement that persons using the Site, its services or resources made available on or through the Site, do the same. If youê believe that your work has been copied in any way and constitutes copyright infringement, please send the following information to ORitmo:
- your name, address, telephone number e-mail address; - electronic address (URL) within the ORithmo, where the material object of the alleged infringement is located; - a description of the copyrighted work that you claim has been infringed, and; - a statement by you, assuring that the above information in your notice is true and that yourself; é the copyright holder or is authorized to act on behalf of its holder.
The above-mentioned information must be sent through the “Contact” link.
Tags:
All trademarks, logos, service marks and trade names (all collectively referred to as the Marks) displayed on the Site, or in any content available on or through the Site, are registered trademarks (and unregistered) owned by ORitmo and other third parties, if any.
Nothing contained in the Site should be construed as an express or implied grant of any license or right to use any Trademark displayed on the Site, without prior written permission from ORitmo and/or the third party owner of the respective Trademark.
Changes to Terms and Conditions:
Rhythm may, in its sole discretion, revise or change these Terms (in whole in part) from time to time whenever it deems it necessary, without prior notice to its users.
Changes to the Terms and Conditions will be deemed effective and Valid when published by us on Site. Your continued use of the Site and/or use the services made available through it, after any changes to the Terms and Conditions are made and posted. deemed as acceptance of the new terms arising from such changes.
This document containing the Terms and Conditions will be; available for consultation at any time at http://ORitmo.com/terms
User information:
In the course of using the Site and/or the content or services provided therein, you may be asked to provide us with certain personal information (Information ;ões The information collected by ORithm and the usage policies with respect privacy of the user's information, are in accordance with the LGPD - General Data Protection Law, no. 13.709/2018.
Youê é is solely responsible for the accuracy and content of the user's information.
Third-party website:
Youê may be able to move from ORithmo to third party site.
Youê acknowledges and agrees that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through; third-party website s, even if they are owned or operated by our affiliates.
The inclusion of any link to a web site on ORitmo does not imply endorsement, sponsorship or recommendation of that site by ORitmo.
ORitmo disclaims any responsibility for links to other web sites, as well as their content, data, usage policies, services and others.
Disclaimer:
The Brazilian Civil Law mayá grant rights and solutions to you in relation to the goods or services provided on the Site that cannot be excluded , restricted or modified by ORitmo (Individual Rights). ORitmo, therefore, will observe all these rights, but it also excludes all other conditions ;o expressly provided for by law.
With the exception of Irreleasable Rights:
- All content and services of the Site é provided as is and without warranties deemed to be implied;
- ORitmo and its suppliers expressly disclaim all warranties of any kind, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose intended by the user. ;river;
- ORitmo does not warrant that the functions contained in any content or that your access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that stores and transmits content delivered to you, is free of viruses or any other harmful components;
Under no circumstances will you ORitmo (including, but not limited to, any act or omission on the part of ORitmo) or any of its affiliates, be liable for any indirect, incidental, special and/or indirect damages or lost profits of any nature whatsoever. that result from any use or access to, or any inability to use or access, the Site or its content. Within legal limits, ORitmo's liability for breach of any warranty relating to the Contents offered, ORitmo reserve à choose from the following:
- The delivery of the Contents again;
- Replacement of Contents with other equivalents;
Applicable Laws:
We control and operate the Site from our offices in Brazil, in accordance with the laws of that country. We do not guarantee that the materials on the Site are appropriate. available for use in other locations. People and choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.
TERMS AND CONDITIONS
Age requirements:
To register on this Site for the purpose of using it on your own behalf , you must be at least 18 years of age. If you is under 18 years of age must present this Agreement to your legal guardian, and only they may agree by clicking on "I AGREE" to enter into this Agreement on your behalf, thereby becoming legally responsible for all operations performed on the Site, including all financial charges arising from such use.
Website Description:
By using the website, you is allowed to listen to samples and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops (all together referred to as the "Content"). It is understood that the Content may be referred to in this Agreement as "Products". Youê é responsible for any hardware, systems and/or program(s) you use, as well as all related fees and expenses (a) to connect and browse the Internet, and/or (b) to access the website, and/or (c) to browse, listen to, download, play, record or transfer the content. From time to time, youê may need to install software, available through the website, to aid in the accessibility of the Content; however, the purchase or acquisition of any other product should not be construed as a way of granting or granting you access to the Content.
Registration and Account Data:
To use some features of the site, you mustá register and provide certain information (e.g. username, password, billing information and valid e-mail address) to ORithmo (hereinafter referred to simply as "Data Registration"), for the purposes of creating an Account, hereinafter referred to simply as "My Account". Youê agrees to provide, at the time of registration, “registration data” current, complete and accurate, committing to keep your registration updated. Rhythm may terminate your account and any or all rights relating to the Site if you ê provide any information deemed inaccurate, false or incomplete. Youê declares and agrees that Rhythm mayá store and use “Registry Data” provided for use in credit card billing fees, as well as in maintaining your account.
Account Security:
You é You are solely responsible for maintaining the confidentiality and security of your Account. In this way youê You agree to immediately notify ORitmo of any unauthorized use of your password and/or account. The Rhythm will not be responsible for any losses arising from such unauthorized use of your “Registration Data” or count, and youê agrees to hold harmless and indemnify ORitmo, its partners, subsidiaries, agents, affiliates and/or licensees, if any, arising from all improper, unauthorized or illegal uses arising out of your account. Youê declares to be aware that it cannot; attempt to gain unauthorized access to the site. If youê attempt to do so, assist a third party in such attempts, or distribute instructions, software, or tools for that purpose, ORitmo reserves the right to terminate your account without any prior notice or notification. In the event of the cancellation of the account, under the terms of this item, of a registered user who has credits, ORitmo will go; proceed with the reimbursement of the corresponding amount in the same way in which these credits were acquired.
Consent to our communication with you; will be by e-mail:
By establishing an ORitmo Account you will grants permission to be contacted at your email address as provided in your “Registration Data”.
Censorable Material:
When using the Site, you declares that it may, from time to time, encounter Content that may be considered objectionable, indecent or offensive, and that can be identified as having explicit language. In this way, youê you agree to use the Site at your own risk, provided that ORythmo will not have; no legal liability to you ê for Contents that can be considered of this nature.
Content:
It is understood and understood that all Content, including, but not limited to, downloadable music and/ or samples, all software, art, graphics, video, text, interfaces, trademarks, logos, images, photographs and any other element of the site, therein; including the layout, organization and coordination, as presented on the Site, owned or is licensed for ORhythm, and therefore is protected by Brazilian laws and international treaties that deal with rights related to Intellectual Property, thereí including copyrights, trademarks, patents and others. Therefore, except for those Content acquired through the purchase of licenses or free of charge, if available, no other Content may be streamed, distributed, translated, publicly performed, uploaded, published, recorded, rebroadcast, rented, scanned, marketed, reproduced, altered, or included for creation. of new works, announcements, or compiled in any way.
Content - Usage Rules / Limited License:
Access to and/or use of any Product(s) will be; limited to the rules assigned to the Product(s) by ORythm ("Content Usage Rules") as described in this section. Youê will not be able to; attempt to support attempts by third parties to decrypt, reverse engineer, circumvent, or in any way alter or interfere with the use of any software necessary for the use of the Site or any of the Content Usage Rules; do.
From Samples and Downloads
(i) The "Sample" é a promotional part of a product that made available while youê is connected to the Site. The “Samples” They may also consist of a promotional video of a particular song. The Samples are offered at no cost to and thus, you powerá listen as many times as you wish. Youê will not be able to; attempt, or support attempts by third parties to download, copy, distribute, alter or capture any “Sample”, (ii) The "Download" é a Product made available free of charge or for a fee, the use of which may be possible; be carried out by any existing modality or that may be invented, as stipulated in item X of article 29, of Law 9.610/98, without limitation on the number of copies, means and modes of reproduction ;distribution, inclusion, exhibition, through distribution and/or exhibition contracts, in Brazil and abroad.
Prohibited Use of Downloads:
Youê You may not reverse engineer, decompile, disassemble, modify, or disable any copy protection or use limitation systems associated with the Downloads.
Youê can't listen and then rescan any Downloads. No é permitted to use the Products purchased from ORythmo for placement à available on websites and/or services identical or similar to ORitmo, under penalty of doing so, being legally liable for all losses and damages that may be caused.
Loss of Rights by ORythm:
ORythm may, at any time, lose the right to make available certain Products . In this case, youê will no longer be able to access such Products from the ORithm Library or obtain them from the website catalog.
CHARGES / INVOICES FOR END USERS
From Payment:
You agree to pay for all Content you acquire through the Site, granting ORitmo, if you choose to do so, the ability to charge your account. for later use. If you choose this method of payment you will agrees to authorize ORitmo load of credits according to the data and information that will be requested at the time of the order.
< br />End User Sales:
It is understood and understood that ORitmo sells products to end customers only, and not resellers, distributors, music resellers, exporters, wholesalers, or any other companies with the intention of resell.
Right of Decline:< /strong>
Ritmo reserves the right to refuse access to the website or the sale of products for any reason, to any End User or Content Producer, without necessity of justification.
Right to change product prices and availability:
Prices & availability of products offered through the website are subject to change; at any time. Rhythm does not provide price protection or refund in case of a price drop or promotional offer.
Download:
Each Download is an individual sale and isá subject to the terms conditions of this Agreement. Each purchase of Downloads will be considered as a separate transaction, and each delivery of a Download shall constitute; a separate sale, even if delivery full or partial fulfillment of an order.
Refund Policy:
All sales are considered effective and all charges resulting from such sales ;will be non-refundable. The Rhythm does not refund any fees for Products you purchase; purchased, even in the event that the download is not carried out, except for cases in which the failure was caused exclusively by the ORitmo. In this úlast case, it will beá credit is offered to the User corresponding to the lost Content for use on the Site itself.
Taxes:
Youê é You are responsible for paying any fees, taxes and other duties of any kind arising from your purchases, including, but not limited to, sale, use, and otherwise.
Order Acceptance Policy:
Receipt of an electronic form or other confirmation will not; (1) constitutes offer Rhythm to carry out the sale and (2) constitutes acceptance of Rhythm of your order. Rhythm reserves the right to, at its sole discretion, and without prior notice, and for any reason, to refuse your order product (s), or provide less that the amount you requested after receipt of your order.
Payment Methods:
ORitmo currently accepts payments via credit card and bank slip. ORitmo does not accept cash, money orders or checks. ORitmo ORitmo reserves the right to ;change this policy at any time. Youê agrees to pay all associated fees and charges à your purchase(s), including applicable taxes.
Accept Electronics and Contracts:
The use of the website and the creation of an account includes the ability to enter into agreements and/or purchases electronically. You therefore agree that any submissions of information that you makes to make such electronic purchases, repconsent and declare their will and agreement with the terms of this agreement, consequently, proof that they agree to pay for these purchases. Your agreement and declaration of will to abide by the rules of this agreement, by submitting electronic information, applies to all records relating to all transactions that enter the site, including notices of cancellation, policies, contracts and applications.
For the Supply of Content and the Remuneration of its Producers:
They are considered Content Producers those users who provide their creations to be made available through ORitmo.
It is very sure and adjusted that é fundamental condition for the use of ORitmo's services by Content Producers, as their suppliers, who are original and primal creations of the respective Producer and, therefore, , of its exclusive ownership/property. In this way, the Content Producers declare and guarantee that their publication, disclosure, availability, reproduction, execution or any other form of use; Made through ORithmo, they do not infringe or violate any third party rights. The Content Producers also declare that they do not have any impediment to the provision of the Content made available through ORitmo.
In the event of a claim from third parties whose purpose is to misuse of certain Content, ORitmo reserves the right to suspend the availability of that certain Content until; that the matter be resolved.
If ORitmo is sued judicially or extrajudicially for matters relating to the improper use of works by third parties protected by copyright laws and treaties, or for any other reason that is related to With the intellectual property of the Contents made available, Oritmo may; (i) call à deal with the Content Producer who made it available to respond to the claimant, and/or (ii) recover from the Content Producer any and all expenses incurred by virtue of such claim, therein; including, but not limited to, indemnities, attorneys' fees, fees, charges, etc.
COMPENSATION FOR CONTENT PRODUCTS AND THEIR PAYMENT RULES
Remuneration:
For each Download made and effectively paid, the Content Producer will make; entitled to a remuneration that corresponds; to 60% (sixty percent) of the gross amount charged by the End User's Rate, this amount is é automatically credited to the artist's account and made available to his/her checking account até 30 days.
It is understood that this percentage mayá be changed at any time by ORythm, without prior notice, provided that the new percentage will have validity from the date of its disclosure by ORitmo.
Transfer Rules
If the artist has not yet completed the bank account registration, the artist's due amounts are accumulated and displayed in the transaction list; ões untilé that the artist finalizes his registration so that the transfer of this balance is carried out and transferred to the artist's bank account,
OTHER FEATURES OF THE TERMS AND CONDITIONS
Community Resources/Public Areas:
The Site may contain resources designed to help Users find content of personal interest. ;by viewing the content that other users have recently accessed and/or downloaded. These features may include access by most Registered Users, the list of the most recently played and accessing collections of members with this Content. In addition, The Rhythm may present message boards and/or chat rooms that allow the communication and posting of public profiles among the users of the site.
ORitmo You have the right, but not the obligation, to monitor, edit, or remove any activity or content in these public areas, or to restrict access to other users. , collect content or public profiles. The rhythm is not; responsible and not responsible for any activity, content, messages and the like that you do. or other users who participate in a public area or a public profile, or content sent to another user via an instant messaging system. neas.
Restrictions:
You may not use the Site (or any part thereof, including, but not limited to, , public areas) to upload, post, transmit, display, perform, or make available any messages, content, or materials (i) that illegal, obscene , threatening, spam, defamatory, invasion of privacy; (ii) violating (intentionally or not) an obligation contractual, trust or confidentiality or right you you have with third parties, (iii) that constitute a political or commercial campaign, solicit or contain a virus or other computer code designed to interfere with functionality of any computer system, or (iv) that infringe rights of third parties or minors, damages in any way. Youê may not interfere with or disrupt the Site, or any networks connected to or through the Site, and; (v) infringement of copyright by third-party users. In addition, you may not use a false e-mail address or otherwise mislead other members, or the origin of a message or content.
Rhythm Rights:
When posting messages, sending data or Content, or participating in any other ; through the Site, you agrees that Rhythm mayá commercialize, publicly perform, reproduce, store, publish, copy, sublicense, adapt, transmit, publicly perform or display such Content to provide and/or promote the Site and/or to respond to any legal requirement, claim or threat. If the use of such content exploits any proprietary rights you may have. may have about these Materials, you agree that ORitmo has an unrestricted, royalty-free, non-exclusive, perpetual, worldwide license to exploit these same rights. declares and warrants that you own or control all rights arising out of such Content, material, messages and the like that you post, upload, transmit or display that content, material, ;messages and the like are true and their use does not violate the rights of third parties and will not cause; damages to any person or entity, and that you will indemnify ORitmo, its partners, subsidiaries, agents, affiliates and/or licensors , if applicable, from convictions and/or indemnities arising from claims resulting from the publication or any other use of this Material provided, posted and/or transmitted by you. Youê you further agree that any loss or damage of any nature that occurs as a result of the use of any message, content or material that you send, post, transmit, display or make available through the use of the Site will beá your sole responsibility.
Copyright on the Site:
All copyright arising from the use of the Site, including but not limited to, the ORitmo music store (including the compilation; content, messages, links to other Internet resources, and descriptions of those resources), and software, are the property of ORitmo and/or its Licensing partners. Use of the Site, or any Content, subject to the permissions expressly provided for in this Agreement, é prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. It is understood that all rights not expressly granted in this Agreement are reserved by ORitmo and/or its Licensors.
Infringement of Intellectual Property Rights:
If ORitmo receive notification or notice informing that there is; indication of infringement of copyright or other intellectual property rights, ORitmo reserves the right to suspend or terminate your account without prior notice, provided that ;the powerá be liable in any way to any agency or even to you, at any time, for suspension or termination, as provided in this paragraph.
Application of These Terms:
Ritmo reserves the right to appeal and take such action as it deems reasonable or appropriate to enforce, or verify compliance with, any part of this Agreement (including, but not limited to, cooperating with any legal process relating to your use of the Site and/or Content; and/or a claim by a third party alleging that your use of the Website and/or Content is illegal and/or violates the rights of such third parties). Youê agrees and authorizes that ORitmo has the right, without prior and express notification, to disclose any Registration Data/Account information to law enforcement authorities, government officials, and/or or third parties, provided that it is officially requested, or that it is given; to verify the correct fulfillment of this agreement.
No Liability for Third Party Materials or the Website:
The Website may include products, content, and services of third parties The Rhythm may include links to third party websites, which are provided only as a convenience to you. ;obligation or liability to third parties for the content of such websites, and you acknowledges and agrees that ORhythm does not responsible for evaluating or analyzing the content or veracity of any material contained on these websites.
Termination / Cancellation:
In the event of breach of any of the provisions of this Agreement, including but not limited to; failure to pay fees or provide incorrect, inaccurate and incomplete information when completing "Registration Data", the inability or failure to protect your account information , or violates the Usage Rules, or any license for the software, at its sole discretion, without prior notice You may: (i) terminate this Agreement and/or your Account, provided that you remainá responsible for all amounts due as a result of the use of your Account. the date of termination, inclusive, and/or (ii) prevent your access to the Site, or any part thereof. The pace may, in its sole discretion, modify, suspend or discontinue the website (or any part or content thereof) at any time with ornbsp;without notice; and you may not; will be responsible for exercising this right, except in cases of discontinuation of prepaid services, in which case ORitmo commits to reimbursement in proportion to what has actually been used.
General Compliance with Laws:
This Agreement é regulated in accordance with current national legislation, as well as international treaties that apply to the use of the Site and/or its Content, which you declares that willá respect.
Disclaimers and Limitations with Liability:
You agree that from time to time Rhythm may remove the Site for indefinite periods of time, or terminate the Site at any time, with or without notice.
Ritmo makes no guarantee that any special CD burner or portable device will work; compatible with the Site or any content offered on the Site.
Under no circumstances shall Rhythm be held responsible for any unauthorized use of the Site or its Content.
Merchandise / Offers:
Ritmo reserves the right to withdraw any free offers or de promotions of Special prices on any merchandise, anytime.
Legal Forum:
It is hereby provided; elected the regional forum of Barra da Tijuca in the city and State of Rio de Janeiro, to settle any issues related to this Agreement.