TERMS AND CONDITIONS
NANDO COSTA MUSIC, is a company established at Av. Olegário Maciel, 1767 / 101, Paineiras, Juiz de Fora, Minas Gerais, enrolled in the National Registry of Legal Entities (CNPJ) under number 24.165.465 / 0001-60, maintainer and provider of the online platform developed at www.nandocostamusic.com ("Platform").
You, who access the Platform for free or by acquiring a subscription ("User") have access to the contents, tutorials, workshops, "step-by-step", "chat", free courses, all converted into digital media and transmitted online, live and / or recorded, in the area of music production, mixing, mastering and correlates, among others (all content, collectively called "Course" in the singular or "Courses" in the plural ), with the objective of professional and personal improvement ("Services"), given by professionals carefully selected by Nando Costa Music ("Experts").
Therefore, these General Terms and Conditions of Use ("Terms") are intended to regulate the use of the Platform by the User, as stipulated in the items below.
These Terms are available for access at any time by the User, through the address https://www.nandocostamusic.com/termos-de-uso. Furthermore, these Terms and the use of the Platform by the User are subject to the provisions of the Privacy and Security Policy, available at https://www.nandocostamusic.com/politica-de-privacidade, as well as in the legislation in force.
The User will be subject to these Terms when accessing the Platform, whether or not access to the Courses is free or costly, as well as to the other specific terms and regulations provided for in the Platform.
2. Access Conditions and Platform Usage
Access to the Courses provided in the Platform may be released to the User upon completion of registration, with all the mandatory information requested by the Platform and with the respective creation of login and password of access.
The User is solely responsible for the information provided by him when he registers on the Platform and declares their veracity and accuracy, including information about the form of payment in the case of subscription purchase. THE NANDO COSTA MUSIC is not responsible for incorrect or untrue information provided by the User when registering and for any damages generated to third parties and to the User due to any incorrect and incorrect information provided.
The User acknowledges that, if it is found that the information provided in his / her register is incorrect or untrue, his / her access to the Platform may be canceled, regardless of any formality, without anything being due by NANDO COSTA MUSIC , due to such cancellation.
The security of the registered password provided is the sole responsibility of the User, who should not share it with third parties and must maintain control of the equipment used to access the Platform, and the User is solely responsible for improper access resulting from any inappropriate use.
The User is responsible for updating and maintaining the accuracy of the information provided for the registration in the Platform, as well as for the payment in case of subscription purchase.
From the register, the User will be allowed to access all the open features of the Platform, which must be done according to the rules stipulated in these Terms.
The NANDO COSTA MUSIC may cancel or suspend the User account as a protection measure to the Platform, User and third parties, if there is evidence of identity theft, use / appropriation of means of payment in an illegal way and other fraudulent activities, without anything being due by NANDO COSTA MUSIC , due to such cancellation and suspension.
The User must be greater than 18 (eighteen) years to acquire a Platform Access Plan and access the Courses. Minors may access the Platform through the supervision and implied authorization of the responsible adult.
2.2. Course Access
The Courses are made available to Registered Users with login and password in the Platform, in two different moments:
- Live Courses: These are the Courses offered in the Platform for live transmission and reprise at specific dates and times, informed to the User on the Platform ("Live Courses").
- Catalog Courses: The Courses offered in the Platform are derived from the following modalities: (a) the Live Courses and eventual reruns after their edition; (b) Courses that were not made available live but were produced, created, recorded and edited by Nando Costa Music and any partners, (c) Courses from third-party content acquired by NANDO COSTA MUSIC. The Catalog Courses will be available to the User for the period informed in the Platform or for the period of subscription of the Courses ("Access Plan"). The Catalog Courses may be accompanied by complementary teaching materials, made available for download by the User ("Auxiliary Materials") that have acquired an Access Plan.
In any event, the Live and Catalog Courses will be available to the User only for online viewing, through the Platform, not providing the Platform DVDs, pen drives, printed materials, download links, or any other recorded media through any existing media.
The Live Courses and eventual reprises do not offer certificates to the Participating Users, as well as any Auxiliary Materials and other benefits or functionalities offered to Users who purchase the Access Plan, unless expressly informed otherwise.
2.3. Obligation to Use the Platform Correctly
By using the Platform, the User undertakes to respect the current Brazilian legislation, as well as all provisions of these Terms and other specific terms and regulations available on the Platform, including but not limited to any legislation related to the Internet and its use, as well as the current Copyright Law and related legislation, and shall not produce, make available, divulge or transmit on the Platform and other social networks, blog and domain related to the NANDO COSTA MUSIC, any content that:
- Are contrary to any rule of Brazilian law, or that encourages any form of violence, xenophobia, discrimination and / or prejudice of any nature;
- Is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from its holders the necessary authorization to use said content;
- Incorporate viruses or other physical or electronic elements that may cause damage or impede the regular operation of the Platform network, as well as the worldwide computer network, the system or hardware and software of third parties and the NANDO COSTA MUSIC, or that may cause damage to electronic documents and files stored on such computer equipment;
- Provoques, by its characteristics (such as form, extension etc.), difficulties in the regular operation of the Services by the NANDO COSTA MUSIC and the Platform.
The User acknowledges that, in any case, it will be solely responsible for its use of the Platform, social networks, blogs, NANDO COSTA MUSIC domains and the ones linked to the Platform, as well as any content inserted by it.
Users should not insert in the Platform, social networks, blogs, domains of ownership of the NANDO COSTA MUSIC linked to the Platform, hyperlinks of any nature, especially those that direct to content that promotes or has illicit and malicious content, as well as any relationship or connotation with pedophilia or content of an erotic or sexual nature, involving minors, that promotes violence , xenophobia, discrimination of any kind, illegal activities such as drug trafficking, terrorism, racism, violence, piracy, counterfeiting or any other form that violates or contributes to the violation of intellectual property rights protection, among others. The NANDO COSTA MUSIC is not responsible for the insertion of hyperlinks in the Platform, and the User is solely responsible for any hyperlink made available by him.
2.4. Intellectual property
The contents available in the Platform, such as computer programs, files, texts, icons, drawings, videos, sounds, trademarks, logos, layouts, teaching materials, logos, distinctive signs, algorithms, templates, images, contents, photographs, graphics, links , visual and audiovisual works in general, including the Courses and their derivative works, such as advertising and institutional materials, teasers, pills, among others, as well as Auxiliary Materials (collectively referred to as "Content" in the singular and "Contents" in the plural ) are the exclusive property of NANDO COSTA MUSIC, or from third parties who have granted it authorization for such use and exploitation, and are protected by international laws and treaties, and its copying, reproduction, storage, transmission, display, publishing, commercialization, creation and development of new works and materials derived from the Courses, Auxiliary Materials and other contents of the Platform, or any other type of use (total or partial), by means of any type of material support now existing or that will exist in the future, be it analog or digital, and violators are subject to the corresponding civil and criminal sanctions under the terms of the 9.279 / 96, 9.610 / 98 and 9.609 / 98 laws.
All the Courses, Auxiliary Materials and Content that are made available to the User in the Platform are only and in the condition in which they are found and only for the information, learning and strictly personal use of the User and not commercial, in the form designated by the NANDO COSTA MUSIC. The Courses, Auxiliary Materials and Content may not be used, copied, reproduced, distributed, transmitted, broadcasted, publicly or privately displayed, sold, licensed or otherwise exploited for any purpose, without the prior written consent given by NANDO COSTA MUSIC.
During the User's access to the Platform, the NANDO COSTA MUSIC grants the User a non-exclusive, non-transferable and limited license so that the User can access the Courses, Content and Auxiliary Material in accordance with the Access Plan acquired, and no other right, license or title is granted to the User in function of his access to the Platform.
All trademarks, distinctive signs, trade names or logos of any kind, made available on the Platform, in the Courses and in the Content, are the property of NANDO COSTA MUSIC or third parties who have granted authorization for such use and exploitation, without the use of the Platform and access to the Courses and Content may be understood as an authorization for the User to be able to quote, use, exploit and reproduce such marks, distinctive signs , trade names and logos.
The Experts authorized NANDO COSTA MUSIC to use their image, name and voice in the Courses, Auxiliary Material and Content, exclusively for their availability in the Platform and other social networks, blogs and domains owned by the NANDO COSTA MUSIC and / or its trading partners. In this way, any reproduction, transmission, placement, marketing and unauthorized display of the Courses, Auxiliary Material and Content made available in the Platform and other social networks, blogs and domains owned by the NANDO COSTA MUSIC and / or its commercial partners constitutes, in addition to the violation of intellectual property rights, violation of the image rights, name and voice of the Expert, and it is the sole responsibility of the User to indemnify the Expert for breach of the provisions of these Terms, without prejudice to the reparation of damages and of all expenses incurred by the NANDO COSTA MUSIC due to the infraction.
The Access Plan is the package purchased by the User that guarantees unlimited access (i.e. 24 hours per day, 7 days per week) during the contracted period. For the convenience of the User, the Access Plan may be rehired automatically and in accordance with the new conditions available at the time of rehiring, provided that the automatic renewal option is maintained in your access profile, in the Platform. In the case of automatic re-engagement, the form of payment initially chosen will be applicable for the new hire. The User must manifest beforehand if he or she wishes to change the payment method when the Access Plan is re-contracted.
Each Access Plan offered in the Platform confers access to specific Catalog and Live Courses, according to the User's choice.
The User may make payment through any of the forms of payment made available in the Platform for the chosen Access Plan. Some forms of payment are subject to the collection of certain fees by the financial institution responsible for the transaction, and the User must consult the conditions with the institution in question, NANDO COSTA MUSIC does not have the obligation to provide any clarification to that effect and / or to pay any fees charged.
Access to the Platform according to the chosen Access Plan will be activated to the User only after confirmation of the payment of the value related to the Access Plan by the financial entity responsible for the transaction.
The User may exercise, within 07 (seven) days, from the availability of access to the Platform after payment of the Access Plan, his right of repentance, provided for in article 40 of Law 8.098 / 1990 (Code of Defense of the ("Right of Repentance"), by means of the request for cancellation of access to the Platform and the return of the amounts paid by the Access Plan chosen in the manner set forth in the item "Cancellation".
Offers for the acquisition of the Access Plan, as well as the manner of commercialization of the Access Plans (including access period, values, categories, forms of payment, among others), provided in the Platform, may be changed at any time by NANDO COSTA MUSIC at its sole discretion.
The values of the Access Plans may change at any time. The recontracting of Access Plans after the term of the Contract Term pursuant to item 4 below will also be subject to the new conditions in force at the time of renewal by the User.
4. Free Access Period (Trial)
The NANDO COSTA MUSIC and / or its partners, may offer the User and the general public limited periods of free access to the Platform and the Courses, through promotions, vouchers and other advertising activities.
The NANDO COSTA MUSIC and its partners may stipulate specific conditions and requirements so that the User may or may not enjoy the Free Access Period and the limited or unrestricted form of enjoyment.
For the use of the Free Access Period, the User must register on the Platform and choose the Access Plan that he intends to contract upon the end of the Free Access Period.
At the end of the Free Access Period, the value of the Access Plan chosen will be automatically charged to the User.
If you do not want the Access Plan charge to be automatic after the Free Access Period, you may disable this functionality in your user area and your access to the Platform will be suspended on the last day of the Free Access Period.
If, after the end of the Free Access Period, the User acquires the Access Plan and the payment is made, the User will be subject to the other rules and conditions of remuneration, cancellation and renewal of the Access Plan.
The contractual relationship between the User and NANDO COSTA MUSIC will be given on the first day of access to the Platform for the Free Access Period. However, for the purposes of accounting for the acquired Access Plan period, it will be considered the payment day of the Access Plan.
The Right of Repentance shall apply for the period of 7 (seven) days after the end of the Free Access Period and the charge of the Access Plan.
5. Duration, Renewal, Cancellation and Interruption of the Access Plan
The hiring of the Access Plan will have the variable term to be informed by the NANDO COSTA MUSIC according to the offer provided in the Platform upon acquisition by the User ("Contracted Term").
During the Contracted Term and except for the Right of Repentance, the User may cancel at any time the Access Plan, subject to the conditions and penalties set forth in the "Cancellation" item.
Upon expiration of the Initial Contracted Term, the User may renew the hiring of the Access Plan for the period informed in the Platform, which is the new term ("Contracted Term"), by periodically charging the User Access Plan chosen by the User and in accordance with the values in force at the time of renewal.
In the event that the user does not wish that the renewal of the contracting of the Access Plan after the end of the Contracted Term is automatic, he may deactivate this functionality in his user area and his access to the Platform will be suspended on the last day of the Contracted Term.
The NANDO COSTA MUSIC may, at its own discretion, promote actions for the early renewal of the User Access Plan during the term of the Contracted Term, upon acceptance by the User. In this case, the early renewal will entail the monthly payment of the Access Plan (if it was purchased in installments) in force and the collection of the renewed Access Plan with the new conditions, in a cumulative manner.
After the renewal of the hiring of the Access Plan, the User may cancel the Access Plan contracted at any time, subject to the conditions and penalties set forth in the "Cancellation" item.
In accordance with the terms of these Terms, the User may request the cancellation of his Access Plan through e-mail firstname.lastname@example.org.
The cancel request will generate a protocol number. The User must confirm his / her personal data and the conditions of cancellation through the e-mail received, so that his cancellation request is validated. The date of cancellation will be considered the date of confirmation of the conditions of cancellation by the User through the email received.
The cancellation request can only be made by the User that owns the registration in the Platform, even if, eventually, the User uses some means of payment of a third party. In the latter case, the third party may request the cancellation of the Access Plan, provided that it proves fraud in the transaction and / or states that it did not authorize the use of the means of payment of its ownership.
During the Contracted Term, the User may cancel his Access Plan at any time, however, he will be subject to a fine of 25% (twenty five percent) of the amount of the total remaining period of the Access Plan. The effective cancellation of access will occur from the first working day of the month subsequent to the cancellation request, by charging the remaining period of the month in question, regardless of the day of the request made by the User.
The NANDO COSTA MUSIC is entitled to terminate, suspend or interrupt unilaterally and at any time, access to the Platform for any reason or in an unmotivated way and without the need for prior notice, without any indemnity of any nature being due to the User, upon cancellation of the charges related to the Access Plan and / or the refund of any amount paid in advance, as the case may be.
The NANDO COSTA MUSIC reserves the right to refuse or terminate, suspend or interrupt access to the Platform and / or the Access Plan, at any time and without the need for prior notice, on its own initiative or upon the demand of a third party, to those Users who fail to comply with the present Terms to the applicable legislation, other regulations foreseen in the Platform and / or represent risks or damages to the activities of the NANDO COSTA MUSIC , the Platform and other Users and third parties.
The User acknowledges that the NANDO COSTA MUSIC may at any time remove from the Platform and / or replace, change any Course, Auxiliary Material or Content made available without prior notice and without any indemnity of any nature due to the User due to such removal / replacement / change .
In any case, and in accordance with the provisions of these Terms, the NANDO COSTA MUSIC will not reimburse payments already made or grant credits for partially used Access Plan periods or for Courses and Content not accessed by the User.
6. Certificate Issuance
The NANDO COSTA MUSIC will issue a certificate, in an exclusively electronic medium ("Certificate"), to Users that, cumulatively: (i) acquire the Access Plan - Complete Course - Airsculping Mixing / Audio Theory (ii) attending a minimum of 90% of the course and (iii) achieving 70% (seventy percent) in the activities and final evaluations of the Course, when applicable ("Minimum Benefit").
In the case of the final evaluation of the Course, the User is entitled to 03 (three) attempts to obtain the Certificate, and the percentage achieved in the two attempts can not be added for the purposes of achieving the Minimum Utilization.
The User declares integral science that the NANDO COSTA MUSIC does not have any link with the Ministry of Education (MEC), offering only vocational courses that are not subject to the regulation of the organ in question, so that the Certificates granted do not confer to the User any type of academic title.
Certificates will not be issued to Users who participate in the Live Courses, Mini-Courses and / or who are in the Free Access Period.
7. Disclaimer of Warranties and Liability
The content of the Courses, Contents and Auxiliary Materials made available in the Platform is developed by the Experts in conjunction with the NANDO COSTA MUSIC, constituting the Platform only means of communication for the Courses, Contents and Auxiliary Materials.
The NANDO COSTA MUSIC shall not be liable in any way for any damages resulting from interruption, suspension and termination of access or failures in the operation of the Platform, caused by third parties, fortuitous events or force majeure events. In the same way, the NANDO COSTA MUSIC is not responsible for defrauding the Users' use of the Platform, nor for any difficulty in accessing the Platform, including the operation and quality of the User's internet network, which shall be the sole responsibility of the Platform.
The NANDO COSTA MUSIC uses the best market best practices to keep all data entered by the User safe in the Platform. However, the NANDO COSTA MUSIC disclaims liability for damages and losses of any nature that may arise from the knowledge that unauthorized third parties may have of any information passed on by the User, as a result of failure attributable to the Users or to third parties that escape any reasonable control of the NANDO COSTA MUSIC.
The NANDO COSTA MUSIC does not guarantee the absence of viruses in the Platform, as well as other harmful elements that may cause changes in the computer systems of the Users (software and hardware) or in the electronic documents stored in the computer system, being exempt of any responsibility for damages and losses that may occur the presence of viruses or other harmful elements in the Platform.
The NANDO COSTA MUSIC may at its discretion, without the need for prior notice, makes any changes to the Platform that it deems necessary, without any indemnity of any nature being due to the User on account of this.
Changes, updates and maintenance on the Platform may lead to suspension and interruption of the User's access to the Platform, without this fact implying the responsibility of the NANDO COSTA MUSIC for any indemnity of any nature to the User.
The User undertakes to defend, indemnify and hold harmless the NANDO COSTA MUSIC with respect to any claim, loss, damage, costs or expenses incurred as a result of your improper use of the Platform, the Courses, Contents and Auxiliary Materials made available therefor, for the infringement of intellectual property rights of the NANDO COSTA MUSIC or any third party, for the improper use of the image, name and voice of the Experts and other professionals who participate in the Courses and Content, as well as for violation of the provisions of these Terms.
To the maximum extent permitted by applicable law, the maximum value to which the NANDO COSTA MUSIC is responsible, irrespective of the reason for the request, is limited to the amount NANDO COSTA MUSIC for the service rendered in the year of the occurrence, provided that the alleged damage is unequivocally proven.
8. General Provisions
If any part of these Terms is held to be invalid or unenforceable, such part shall be construed in a manner consistent with applicable law to reflect, as far as possible, the original intent of the NANDO COSTA MUSIC and the Users, and the remaining provisions shall remain in full force and effect.
The NANDO COSTA MUSIC in claiming any rights or provisions of these Terms shall not constitute a waiver, and may exercise its right regularly, within the legal time limits.
The NANDO COSTA MUSIC may, at any time, assign or transfer under any title, the rights and obligations set forth in these Terms and the contractual relationship between the User and the NANDO COSTA MUSIC.
These Terms may be modified and / or changed from time to time, in whole or in part, by the NANDO COSTA MUSIC without previous communication. Therefore, it is recommended to the User to read the provisions of these Terms. By using the Platform after such changes, the User will be consenting to the revised version of these Terms.
All notifications and communications (hereinafter "Notices") by the User to the NANDO COSTA MUSIC are considered effective, for all purposes, when addressed to the electronic address, informed in the Platform.
All notifications and communications (hereinafter "Notices") by the NANDO COSTA MUSIC to the User will be considered effective, for all purposes, when they take place in one of the following ways:
- Sending a letter to the User's home when the User has provided a valid, correct and accurate address to the NANDO COSTA MUSIC;
- Sending by e-mail to any of the addresses provided by the User;
- By including messages in the Platform.
10. Legislation and Forum
These Terms shall be governed, interpreted and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of those laws with laws of other states or countries, being the jurisdiction of the User's place of residence in Brazil to resolve any doubts arising from these Terms. The User expressly consents to the jurisdiction of this court, and hereby waives the jurisdiction of any other forum, no matter how privileged it may or may become.