Terms of Use

I. INTRODUCTION

1. The Sua Música portal ('Sua Música,' 'We,' or 'Portal') is a social networking platform through which Users and Visitors (defined in item 7 below) can share and access Content (defined in item 14 below), subject to the rules established in this document ('Terms of Use').

2. By accessing, using, visiting, and/or using the features of the Portal, including any and all services or products made available through the Portal ('Services'), you expressly acknowledge and agree to (i) the Terms of Use, (ii) the Privacy Policy, incorporated herein by reference, and (iii) the Violation of Rights Reporting Policy, incorporated herein by reference (collectively referred to as the 'Policy'). If you do not agree with any of the documents mentioned herein, you should not use the Service.

3. Sua Música may, at any time and at its sole discretion, modify or revise the Policies, regardless of communication in this regard. Therefore, it is recommended that you regularly access the Policies to check for implemented changes, as by accepting this version, you automatically express your acceptance of updated and/or revised versions subsequently published on the Portal.

4. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE FULLY ABLE TO USE THE SERVICES AND ACCEPT THE TERMS AND CONDITIONS OF THE POLICIES, INCLUDING YOUR OBLIGATIONS, STATEMENTS, REPRESENTATIONS, AND WARRANTIES.

5. Sua Música reserves the right to make changes to the Services and any other materials on its Portal, including terminating its activities at any time without the need for prior notification and without the right to compensation to Users and Visitors. We may, from time to time, launch new tools and features on the website or introduce other services and/or resources to the Portal. Any new services and resources will be subject to these Terms of Use, as well as any additional usage terms that we may introduce for those specific services or features.

II. DEADLINE

6. The Policies will remain in full force and effect while you are using the Services and/or are a User or Visitor. You may terminate your Account at any time, for any reason, by following the instructions indicated in your user dashboard. Sua Música may terminate your Account at the exclusive discretion of Sua Música, at any time, with or without cause, by simple communication, without incurring any burden or obligation to indemnify.

III. USE OF SERVICES

7. By accessing the Portal and/or using the Services, you will necessarily fall into at least one of the categories indicated below: (i) User: any natural or legal person who accesses the Portal and/or uses the Services, connected to an Account (defined below), with permission for viewing, streaming, or downloading Content, as well as uploading, making available, and/or sharing Content with other Users; and (ii) Visitor: any natural or legal person who accesses the Portal and/or uses the Services, without being connected to an Account (defined below), solely for the purpose of browsing or viewing, streaming, or downloading Content, without permission to upload, make available, and/or share Content with other Users. For the purposes of this item 7, 'access' includes, without limitation, access to the Portal through mobile devices, including smartphones, tablets, or any other related or similar device, whether through specific 'Sua Música' applications or not.

8. Subject to your strict acceptance of these Terms of Use, Sua Música offers you a limited, personal, non-exclusive, revocable, assignable, and non-transferable right and license to use the Portal to view Content uploaded and published on the Site, to listen to audio Content via streaming from the Portal, and to share and download audio Content using the Portal's features where appropriate functionality has been enabled by the user who uploaded the relevant Content.

9. In order for you to perform certain procedures and/or access certain functionalities, such as uploading, making content available, and/or sharing Content, you must possess and be connected to a valid and current Account. The creation of the Account will be done directly through the Portal, by providing accurate and complete information. You may not allow third parties to use your Account, under penalty of full responsibility for activities developed through your Account, including any damages caused to Us or to third parties. You are solely and exclusively responsible for the safekeeping and confidentiality of the information and access password to your Account. In case of data loss, security breach, or unauthorized use of your Account, you must notify Sua Música immediately through the available means on the Portal.

10. During access to the Portal and use of the Services, you agree and commit to:

(a) comply with and observe the terms and conditions set forth in the Policies;

(b) not exploit or commercially use, by any means, any part of the Services or the Content, except with the prior written authorization of Sua Música. For the purposes hereof, exploitation or commercial use includes, but is not limited to, (i) selling or providing, for remuneration or benefit, access to the Services and/or the Content, (ii) selling or marketing advertising, sponsorships, or promotions associated with the Services or the Content;

(d) not claim or seek to obtain registration or protection of any intellectual property rights or copyrights in third-party-owned Content;

(e) do not use any automated system (including 'bots,' 'spiders,' or 'offline readers') that allows access to the Services automatically and at a quantity and speed greater than would be possible if done by natural persons;

(f) not collect and/or use any personal information of Users and Visitors, nor use the communication systems provided by the Portal for interaction between members of the Services for commercial purposes of any kind and/or in a manner that constitutes unfair competition against Sua Música;

(g) comply with all applicable laws, rules, and regulations, in Brazil or abroad.

11. Currently, access to and/or use of the Services and Contents is free of charge, both for Users and Visitors. You understand, accept, and acknowledge that Sua Música may, at any time, change this condition, establish fees and remuneration for access and/or use of the Services and Contents at its sole discretion and without prior notice, being exempt from any responsibility or obligation to indemnify in this regard.

12. Sua Música performs certain technical functions necessary to offer the Services, including but not limited to technical processing and the transmission of email communications. In this regard, you agree and acknowledge that Sua Música may send messages, including but not limited to notifications, special offers, promotions, commercial advertisements, and marketing materials related to the Services and third-party services.

13. Advertiser is considered to be an individual or legal entity that carries advertising material of any kind on Sua Música, with a view to promoting their own products or services, except those considered Content provided by Users. The products and services advertised through advertising material placed on Sua Música are the sole responsibility of the respective Advertiser, and Sua Música assumes no responsibility arising from the acquisition, use, viewing, contracting, or any other relationship between the User or the Visitor and the Advertiser. The accuracy and accuracy of the data published by the Advertiser, as well as the execution of the service or provision of the advertised product, are the sole responsibility of the Advertiser.

IV. CONTENTS

14. Sua Música aims, among other things, to disseminate Content (as defined below) made available by Users, being merely a tool for spreading and facilitating access to the respective target audience through the Internet.

15. For the purposes of the Policies, Content includes, but is not limited to, musical works, artistic authorship works, sounds, lyrics, chords, videos, images, texts, programs, applications, scripts, graphics, photos, audiovisual combinations, interactive features, comments, advertisements, and advertising announcements, among other materials that you may, through the Portal: (i) access, use, and download, and (ii) provided you fall under the User category, share, transmit, send, make available, display, and publish.

16. For the purposes of the Policies, Prohibited Content consists of any Content:

(a) that is contrary to local, national, and international laws and regulations;

(b) that contains any material that violates the rights of third parties, including but not limited to copyright, patents, trademarks, trade secrets, or that is abusive or offends the rights of third parties, morality, and good customs;

(c) abusive, such as texts, photos, and/or images that are defamatory, derogatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, containing expressions of hatred against individuals or groups, or containing child pornography, explicit or violent pornography, necrophilia, sexual aberrations, and/or sexual practices involving violence, such as rape, mutilation, and death, and other similar or related practices, content that may be harmful to minors, containing religious or racial insults or threats, or encouraging moral (including physical) and property damage, or that may violate any third-party rights (including legal entities, entities, and organizations and their equivalents);

(d) that violates the intimacy, privacy, honor, image, name, or any rights of other Users and Visitors and any third party (including legal entities, entities, and organizations and the like);

(e) containing advertising, promotional, or promotional material of any kind; and

(f) that, due to its characteristics (such as file extensions and formats), causes damage to the system that allows the use of the Services.

(g) Any political party propaganda content.

17. You understand, accept, acknowledge, and commit to:

(a) do not share, transmit, send, make available, display, or publish on the Portal any Content that consists of third-party intellectual property or that is protected by copyright, trade secret, or any other form of third-party ownership protection;

(b) do not share, transmit, send, make available, display, or publish any Prohibited Content on the Portal;

(d) do not reproduce, distribute, transmit, display, sell, license, or commercially exploit any Content without the prior written consent of Sua Música or the rights holders of the respective Content;

(e) not defraud, disable, or in any way interfere with security features of the Portal and the Content;

(f) do not overload the platform servers by posting the same content repeatedly (overflood practice).

18. You declare, acknowledge, and warrant that:

(a) owns all licenses, rights, authorizations, and permissions necessary to share, transmit, send, make available, display, or publish the Content on the Portal, hereby authorizing Sua Música to display, reproduce, perform, and use, in connection with the Portal and pursuant to the Policies, any and all elements or works protected by copyright, intellectual property, and/or other applicable property rights contained in the Content;

(b) you will be solely and exclusively responsible for the Content you share, transmit, send, make available, display, or publish on the Portal, as well as for any consequences or claims from third parties, and you agree to indemnify and hold Sua Música harmless;

(c) when sharing, transmitting, sending, making available, displaying, or publishing the Content on the Portal, you automatically grant a non-exclusive, worldwide, royalty-free, and full license to the Users and Visitors, allowing them to copy, download, display, reproduce, perform, and use the Content, in accordance with the Policies.

(d) when sharing, transmitting, sending, making available, displaying, or publishing the Content on the Portal, you initiate an automated process of transcoding audio content and authorize Sua Música to store Your Content on our servers, from where you can control and authorize its use, reproduction, transmission, distribution, public display, public performance, availability, and other communications to the public of Your Content on the Portal and any other location using the Services. To the extent necessary for Sua Música to provide you with any of the hosting services mentioned above, to perform any of the tasks set forth in these Terms of Use and/or to allow your use of the Portal, you hereby grant such licenses to Sua Música in a limited, worldwide, non-exclusive, royalty-free, and full manner.

(e) any Content other than Your Content is owned by the User who uploaded it (Uploader) and is or may be subject to copyright, trademark rights, or other intellectual property rights or ownership rights. Such Content may not be downloaded, reproduced, distributed, transmitted, forwarded, republished, displayed, sold, licensed, made available, or communicated to the public or exploited for any purpose except through the features of the Portal from time to time and within the parameters set by the Uploader on the Portal or with the express written consent of the Uploader. 19. By republishing another user's Content or including another user's Content in a collection, you do not acquire any ownership rights in such Content. Except as expressly granted in this section, all rights to the Content are reserved to the relevant User.

19. You understand, accept, and recognize that:

(a) when using and/or accessing the Portal, you will be exposed to Content that has been uploaded and belongs to third parties, so Sua Música does not endorse or guarantee any Content, opinion, or comment made available, displayed, or published on the Portal, and hereby waives and is exempt from any liability in this regard.

(b) Sua Música will not be responsible for the accuracy, utility, security, or intellectual property related to any Content, which may be inaccurate, offensive, indecent, or objectionable;

(c) when using and/or accessing the Portal, you waive any right to compensation, present or future, against Sua Música regarding the Content and any violations of third-party rights; and

(d) The Services, brands, and other proprietary content owned by Sua Música, existing and displayed on the Portal, are the exclusive property of Sua Música, subject to copyright and other intellectual property rights under the law. Sua Música's own content should not be confused with the Content, as defined in item 14 above, which is provided by Users and over which Sua Música has no control or intellectual property rights. If you have any questions, you should contact Sua Música through the Portal.

20. Sua Música may reject, refuse to disclose, or delete any Content for any reason or without any reason, including, but not limited to, Content that, in Sua Música's sole discretion, violates the Policies and/or constitutes Prohibited Content. Sua Música assumes no responsibility for monitoring the Portal for the existence or non-existence of Prohibited Content or improper conduct. If, at any time, Sua Música decides to delete any Content, such practice will not be considered content moderation in any way and will not entail any additional liability to Sua Música.

(a) It will be exclusively up to Sua Música, in accordance with its Strikes/Notification Policy and depending on the seriousness of the User's conduct, to determine: (i) whether the User will receive only a warning (strike 1), (ii) whether there will be the suspension of certain rights of the User, such as the prohibition of including/uploads of new Content by such User (strike 2); (iii) complete removal of the User's account and its respective Content (strike 3).

V. Responsibility

22. THE PORTAL, INCLUDING, AMONG OTHERS, THE WEBSITE, THE APPLICATIONS, AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPLICATIONS, OR OTHERWISE, IS OFFERED 'AS IS,' 'AS AVAILABLE,' AND 'WITH ALL FAULTS.'

23. ALTHOUGH Sua Música MAKES REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS ON THE PORTAL AS QUICKLY AS POSSIBLE ONCE THEY ARE BROUGHT TO THE ATTENTION OF Sua Música; Sua Música MAKES NO PROMISE OR WARRANTY (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, APPS, AND SERVICES OR ANY PART OF THEM, ANY CONTENT OR LINKED SERVICES OR OTHER EXTERNAL SERVICES. Sua Música DOES NOT WARRANT THAT THE USE OF THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL OR ANY OF ITS PARTS, CONTENT, OR THE SERVERS ON WHICH THE PORTAL OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sua Música DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PORTAL WILL BE SECURE OR THAT ANY ELEMENTS OF THE PORTAL DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING, OR DOWNLOADING OF CONTENT WILL BE EFFECTIVE IN ANY OR ALL CASES, AND IT DOES NOT WARRANT THAT YOUR USE OF THE PORTAL IS LEGAL IN ANY PARTICULAR JURISDICTION.

24. Sua Música AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNEES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS SPECIFICALLY DISCLAIM ALL WARRANTIES MENTIONED ABOVE AND ANY OTHER WARRANTIES NOT EXPRESSLY SET FORTH HERE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

25. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE LEGAL DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, AS SET FORTH ABOVE, THE ABOVE LEGAL DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THESE TERMS.

26. You understand, accept, and agree that the use of the Services will be at your sole risk, waiving Sua Música from any liability, express or implied, related to the Services or the Portal. Sua Música does not guarantee or assume any obligation or responsibility for (i) any personal or material damage of any kind resulting from your access and use of the Services, (ii) access or use of Sua Música's protected servers and/or any personal or financial information stored therein, (iii) any interruption of access to the Services or the Portal, (iv) any viruses or malicious devices (and the like) that may attack the User's or Visitor's equipment as a result of access, use, or navigation on the Portal or as a result of downloading, using, or accessing the Content.

27. Under no circumstances will Sua Música be responsible, to you or any third party, for any indirect, consequential, exemplary, incidental, special, or punitive damages, including, without limitation, lost profits, resulting from the use of the Services or the Portal.

28. You agree to defend, indemnify, and hold Sua Música, its directors, employees, and representatives, harmless from any and all legal demands, damages, obligations, or losses (including, without limitation, attorney's fees) arising from: (i) the violation of any provision of the Policies or (ii) the violation of any third-party rights.

(a) Unless expressly agreed in writing, Sua Música is not obligated to store any material sent by you via upload, email, transmission, or made available during the use of its services ('Your Content'). 'Your Content' may be identified as any material sent by you or by other Sua Música users. Sua Música has no responsibility or obligation related to the deletion or correction of any material, including your content, that has a storage, transmission, or reception failure in the transmission of materials or a security, privacy, storage, or transmission failure in other communications originating with or involving the use of Sua Música. You are solely responsible for your content. You agree that Sua Música has the right to create reasonable limits on the use of materials that include your content, such as limiting file size, storage space, processing capacity, or similar limits described on the web pages accompanying Sua Música and determined at its sole discretion.

(b) You agree that your account information will always be complete, accurate, and up-to-date. It is your responsibility to keep your information confidential, and you are solely responsible for all activities related to your information during the time you are connected to your account. If you become aware of any unauthorized use of your account or account information or any other security breach, you agree to notify Sua Música immediately. You shall not use third-party account information. Sua Música may require you to change your account information or parts thereof at any time and for any reason.

$(c) You agree to use the services and materials only for purposes permitted by the terms and any applicable laws, regulations, or accepted practices and guidelines in any applicable jurisdiction. You agree not to circumvent or attempt to circumvent access or usage restrictions implemented to prevent certain uses of Sua Música services.

(d) Sua Música, at its sole discretion, may (but is not obligated to) monitor or review Your Content at any time and may, at its sole discretion, remove any part of Your Content for any reason (or without reason), including if it violates these terms or any law. Although Sua Música generally does not monitor user activity, if it becomes aware of any possible violations by a user of any of the provisions of these terms, Sua Música has the right to investigate such violations and may, at its sole discretion, immediately terminate your rights to use Sua Música, and may also modify, alter, or remove Your Content or account information, in whole or in part, without prior notice. If, as a result of these investigations, Sua Música determines that criminal activity has occurred, Sua Música will refer the matter and commit to cooperating with any and all competent authorities to take appropriate action and remedy the damages.

(e) Sua Música has the right to retain and/or disclose any information or materials, including Your Content or account information (or its elements), in the possession of Sua Música and in connection with the use of Sua Música to (i) comply with applicable laws; (ii) enforce these terms; (iii) respond to any claims that your content violates the terms or rights of third parties; or (iv) protect the rights, property, or safety of Sua Música, its users, or third parties, including the general public.

VI. Privacy

29. The rules and provisions regarding privacy and data usage by Sua Música are outlined in our Privacy Policy. We recommend reading the document, and in case of doubts, contacting Sua Música.

VII. Assignment

30. The Policies may not be transferred or assigned by you, but may be transferred by Sua Música without any restrictions, at any time.

VIII. Third-Party Websites and Services

31. The Portal can provide you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services of third parties, including, but not limited to, Linked Services (hereinafter referred to as 'External Services').

32. Sua Música does not have or maintain any control over External Services and is not and cannot be responsible for their content, operations, or uses. By linking to or otherwise providing access to any External Service, Sua Música does not provide any representation, warranty, or endorsement, express or implied, regarding the legality, accuracy, quality, or authenticity of the content, information, or services provided by such External Services.

33. External Services may have their own terms of use and / or privacy policy and may have practices and requirements different from those operated by Sua Música with respect to the Portal. You are solely responsible for revising any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and inquiries before entering into any transaction, financial or otherwise, and both online and offline, with any third party related to any External Services.

34. You are solely responsible for taking precautions to protect yourself from fraud when using External Services and to protect your computer systems from viruses, Trojans, and other harmful or destructive content and materials that may be included or may emanate from any External Service.

35. Sua Música disclaims all liability for any damage resulting from your use of External Services, and you hereby irrevocably waive any claims against Sua Música in connection with the content or operation of any External Services.

VIII. Forum

36. The jurisdiction of the Rio de Janeiro/RJ district is chosen as competent to settle any disputes arising from the Policies, excluding any other, however privileged it may be or become.