Terms of use
These GENERAL TERMS AND CONDITIONS OF USE regulate the use of the services offered by the company UNHA DE GATO PRODUCOES SONORAS LTDA, CNPJ 07.734.648/0001-30, through the website https://www.mrpinkmusic.com.br/.
UPDATED ON THE DATE OF 01/26/2022.
The use of the SITE services requires mandatory and cumulatively: a) prior registration; b) reading and acceptance of the Terms and General Conditions of Use; and c) reading and acceptance of the Privacy Policy.
Any CUSTOMER, as defined below, who intends to use the services of the SITE, must certify that he meets the requirements for registration and that he understands and accepts the General Terms and Conditions of Use and the Privacy Policy practiced on the SITE.
1. DEFINITIONS:
1.1. In this AGREEMENT, unless otherwise expressly provided or required depending on the context, capitalized expressions, in the singular or plural, will have the meanings specified below:
PERSONAL DATA – means all information entered by the CLIENT for personal identification while using the SITE;
SITE – platform accessed through the link https://www.mrpinkmusic.com.br/;
CUSTOMER – end user, being an individual or legal entity, who has contracted a SUBSCRIPTION;
SUBSCRIPTION – means the plan, which is paid monthly to access the contents of the SITE;
TERM – means the present Term and General Conditions of Use;
2 – OBJECT
2.1. This AGREEMENT regulates the services offered on the SITE, which consists of offering a number of songs and soundtracks, in accordance with the contracted SUBSCRIPTION.
2.1.1. The SITE may, at any time, exclude music and soundtracks that are made available to CUSTOMERS.
2.2. The use of the contracted songs and tracks is subject to the payment of the monthly fee, if the CLIENT cancels the subscription, he will lose the right to the songs and soundtracks.
2.3. The SITE is not responsible for publications made by CLIENTS.
2.4. The SITE recommends that all SUBSCRIPTION contracts be carried out with caution and common sense, and the CUSTOMER must opt for the SUBSCRIPTION plan that best characterizes his needs.
3 - REGISTRATION
3.1. Persons considered by law to be incapable will be unable to use the services, persons who have been disqualified by the SITE.
3.2. Registration on the SITE is free, however, the services offered by the SITE will be charged in accordance with the provisions of this TERM.
3.3. Each CUSTOMER must have only one registration on the SITE, however he can migrate from SUBSCRIPTION, to whichever one best suits his needs.
3.4. To request registration, the CLIENT must fill in all the registration fields available on the SITE and confirm their electronic address (e-mail). The CUSTOMER must provide accurate, precise and true information, assuming the commitment to update the PERSONAL DATA whenever there is any change.
3.4.1 The CUSTOMER hereby authorizes the SITE to share its registration data with the payment platform, to enable the payment arrangements to be made.
3.5 The SITE may refuse any registration request, as well as cancel a previously accepted registration that is in disagreement with this TERM. It is hereby established that the CLIENT's registration on the SITE, once approved, will allow the use of the SITE's services.
3.6. The content of the information entered in the register is the sole responsibility of the CLIENT, and the SITE is not responsible for correcting or verifying the PERSONAL DATA. USERS guarantee and respond, in any case, civilly and criminally, for the veracity, accuracy and authenticity of the PERSONAL DATA registered.
3.7. Regardless of the provisions of item 3.6 above, the SITE may, at any time and at its sole discretion, verify the PERSONAL DATA and, therefore, request documents and receipts from CLIENTS to verify the information provided.
3.8. The CUSTOMER may cancel his subscription at any time, on the SITE. If the CUSTOMER cancels, amounts and fees will not be refunded.
3.8.1. If the CUSTOMER has contracted an annulled plan, the amounts will not be refunded, as there will be a breach of contract with the customer.
4. SIGNATURES
4.1. The SITE offers several types of subscription, and there are pre-defined SUBSCRIPTIONS, and one that can be customized.
4.1.1. The predefined SUBSCRIPTIONS are currently: “Individual Plan”, “Small Business Plan” and “Business Plan”.
4.1.2. The customized SUBSCRIPTION is called “Custom Plan”.
4.2. In the "Individual Plan" SUBSCRIPTION, the CLIENT may publish videos in order to promote their own social networks, not being able to use the SITE's songs and soundtracks for third parties.
4.2.2. In the "Individual Plan" SUBSCRIPTION, the CUSTOMER may publish the content with the music or soundtrack on up to three social networks, among the following: YouTube, Vimeo, Facebook, Instagram, Twitch, Personal Podcast and Personal Video.
4.2.3. The use of the “Individual Plan” to create advertisements with the SITE's songs and soundtracks is prohibited.
4.3 The “Small Business Plan” is for companies with less than 30 employees, or if the company's annual revenue is up to R$ 4,000,000.00 (four million reais).
4.3.1. In the “Small Business Plan” SUBSCRIPTION, the CUSTOMER may publish the content with the music or soundtrack on up to three social networks, among the following: YouTube, Vimeo, Facebook, Instagram, Twitch, Personal Podcast and Personal Video.
4.3.2. In the “Plano Pequenas Empresas” SUBSCRIPTION, the CUSTOMER will be able to use the songs and soundtracks from the SITE, to promote their businesses or those of their own customers.
4.4. The “Business Plan” is for companies with 30 employees or more, or if the company's annual revenue exceeds R$ 4,000,000.00 (four million reais).
4.4.1. In the “Business Plan” SUBSCRIPTION, the CUSTOMER will be able to publish the content with the music or soundtrack in an unlimited way, among the following: YouTube, Vimeo, Facebook, Instagram, Twitch, Personal Podcast and Personal Video.
4.4.2. In the "Business Plan" SUBSCRIPTION, the CUSTOMER may also publish the songs or soundtracks in the following manner: Internal/industrial use, company or customer-owned websites, in-store or live environments, posts driven by Facebook, optimized posts from Instagram, live event streaming and customer content.
4.5. THE “Custom Plan” SUBSCRIPTION, the CUSTOMER informs the SITE of their needs, and after study, the SITE prepares a customized plan for the CUSTOMER.
4.6. SUBSCRIPTIONS will be monthly or annual.
4.7. None of the SUBSCRIPTIONS covers the use of songs and soundtracks in the following media: television, radio and transmission (podcast, cinema, etc.).
4.8. Pre-defined SUBSCRIPTIONS may change prices and quantities of songs and soundtracks made available, which will be previously informed to CUSTOMERS.
4.9. Subscription payments will be made by credit card, being debited from the invoice monthly.
4.10. The CUSTOMER may change subscription to a plan that best suits his needs, provided he has contracted a SUBSCRIPTION, with a monthly plan.
4.11. The CUSTOMER who opted for a SUBSCRIPTION, with an annual plan, must complete the annual plan, in order to change the SUBSCRIPTION.
4.12. The SITE does not allow the use of its songs and soundtracks in media that contain: evident nudity or strong sexual content and open hate speech, under penalty of cancellation of the SUBSCRIPTION and exclusion of the CUSTOMER from the SITE.
5. ACCESS TO THE SITE
5.1. The CUSTOMER will access his account through a personal login and password and undertakes not to inform third parties of this data, being fully responsible for the use made of them. THE CLIENT
is solely responsible for operations carried out on your account, as the information necessary for accessing it must be confidential and your exclusive knowledge.
5.2. If the CUSTOMER forgets his password, or believes that a third party is using his access, the CUSTOMER must contact the SITE, to exchange the access data.
5.3. Under no circumstances will the assignment, sale, rent or other form of transfer of a CUSTOMER account to third parties be allowed, as well as the creation of new registrations for CUSTOMERS whose original registration has been unilaterally canceled by the SITE.
6. METHODS OF PAYMENT AND RECEIPT OF VALUES BY USERS
6.1 The sales generated by the SITE are made through the Braintree platform, which belongs to Paypal.
6.2. The responsibility for carrying out the financial transaction will be exclusive to Braintree in accordance with the rules and limitations of said service, which must be verified in the General Terms and Conditions of Use of said site.
6.3 IN ORDER TO MAKE TRANSACTIONS ON THE WEBSITE FEATURED AND QUICKER, THE USER'S REGISTRATION ON THE WEBSITE WILL BE SHARED WITH BRAINTREE.
6.4. The CUSTOMER authorizes the sharing of his data with the Braintree billing platform. 6.5. The currency and payment method may change, which will be informed in advance. 7. TERM MODIFICATIONS
7.1. The SITE may, at any time, modify, alter or delete part of the content of this AGREEMENT in order to improve and improve the services provided. For this reason, the SITE recommends careful reading each time you access the SITE, and in the case of updates, acceptance of the AGREEMENT with the updates will be required when formalizing the purchase and sale.
8. VIOLATION OF THE SYSTEM AND INFORMATION CONFIDENTIALITY
8.1. The use of any device, software or other resource that may interfere with the activities and operations of the SITE is not permitted. Any interference, attempt, or activity that violates or contradicts the laws of intellectual property rights and/or the prohibitions stipulated in this AGREEMENT, will make the person responsible liable for the relevant legal actions, as well as the sanctions provided for herein, being also responsible for indemnities for any damage caused.
8.2. All information or PERSONAL DATA entered by the CUSTOMER on the SITE is stored on high security servers. The SITE undertakes to adopt the necessary measures to maintain the secrecy and security of the information, being established, however, that it will not be liable for any damages caused by the violation of the necessary security and secrecy measures by third parties that use public networks or the internet. , subverting security systems to access user information.
8.3. Any questions about the protection and secrecy of PERSONAL DATA or for more information, consult our privacy policy page.
9. GENERAL PROVISIONS
9.1. This AGREEMENT does not generate any contract of partnership, mandate, franchise or employment relationship between the SITE and the CLIENT.
10. JURISDICTION AND APPLICABLE LAW
10.1. This TERM is governed by the laws in force in the Federative Republic of Brazil. In order to resolve any doubts or questions regarding this AGREEMENT, the parties elect the Central Forum of the City of São Paulo/SP, excluding any other.
PRIVACY POLICY AND GENERAL DATA PROTECTION LAW
1. When contracting with Mr. PINK, you declare your EXPRESS CONSENT for us to be able to store information about you when we deem appropriate for the provision of our services, such as:
• - Information you provide. We may collect data provided by you at registration, such as first and last name, corporate name, CNPJ, CPF, RG, mailing address, email address, payment information, IP address, other online contact information or number phone number, photo and other information required throughout the contractual relationship.
• - Communication. We can record and record all data provided in all communication with our team, whether by email, messages, telephone or any other means.
2. We share your data with partner companies that act in the supply line of contracted and related services, for a better development of the project.
3. Data collected may be stored and processed in Brazil and any other country chosen to operate efficiently, improve performance and protect data in the event of a failure or other issue.
4. All data provided by the CONTRACTING PARTY is stored on our secure servers or those of contracted suppliers, accessed and used in accordance with our security policies and standards.
5. We take good practice measures to ensure that the data we collect is processed securely wherever the data is located.
6. The security and reliability of the devices you use to access our services, such as computers, cell phones, tablets or other devices, is your sole responsibility. You must by your own means seek to protect the operating systems of these devices against any external threat.
7. We will keep the information we collect from you until the service provided by Mr. PINK, has its termination, being deleted any and all data provided. If there are legal, judicial or tax obligations, we will keep this data stored for the duration of these obligations.
8. The CONTRACTING PARTY may also request information, alteration, clarification or deletion of their data through the contacts informed in the qualification of Mr. PINK.
