SHOWLIVRE.COM PRODUÇÕES LTDA., a legal entity governed by private law, with Headquarters in the city of São Paulo, state of São Paulo, Rua Pio XI, 1473 – CEP: 05468-140, registered with the CNPJ/MF under No. 18.002. 603/0001-98 (“Showlivre.com”) is the creator, owner, maintainer and provider of the ShowlivrePlay online platform developed on the website www.showlivreplay.com and in mobile applications (“Platform”).
You ("User") who access the Platform for free or through the purchase of a subscription or purchase of specific content ("Access Plan") have access to content in digital media and broadcast online, live and/or recorded in the music business (all content, collectively referred to as “Shows” in the singular or “Shows” in the plural), for the purpose of live broadcasting of shows (“Services”), performed by artists (“Artists”).
Thus, these General Terms and Conditions of Use ("Terms") aim to regulate the use of the Platform by the User, as stipulated in the items below.
The User will be subject to these Terms when accessing the Platform, regardless of whether access to the Shows is free or onerous, as well as the other specific terms and regulations provided for in the Platform.
2. Conditions of Access and Use of the Platform
Access to the Shows available on the Platform may be released to the User after completing the registration, with all the mandatory information requested by ShowlivrePlay and with the respective creation of a username/email and access password.
The User is solely responsible for the information provided by him/her when registering on the Platform and declares the veracity and accuracy of the same, including information about the form of payment in the case of subscription purchase. Showlivre.com is not responsible for incorrect or untrue information provided by the User when registering and for any damage caused to third parties and the User as a result of any incorrect and untrue information provided.
The User acknowledges that, if the information provided when registering is found to be incorrect or untrue, his access to the Platform may be canceled, regardless of any formality, without anything being owed by Showlivre.com, due to such cancellation.
The security of the registered password provided is the exclusive responsibility of the User, who must not share it with third parties and must maintain control of the equipment used to access the Platform, with the User being solely responsible for improper access resulting from any improper use.
The User is responsible for updating and maintaining the accuracy of the information provided for registration on the Platform, as well as for the payment to be made in the case of a one-off purchase or in the case of subscription purchase.
Upon registration, the User will be allowed to access all the features of the Platform, which must be done in accordance with the rules stipulated in these Terms.
Showlivre.com may cancel or suspend the User's account as a measure to protect the Platform, the User and third parties, if it has signs of identity theft, illegal use/appropriation of means of payment and other fraudulent activities, without nothing is owed by Showlivre.com as a result of such cancellation and suspension.
The User must be over 18 (eighteen) years old to acquire an Access Plan on the Platform and access the Shows. Minors may access the Platform under the supervision and authorization of the responsible adult.
2.2. Access to Shows
The Shows are made available to Users registered with login and password on the Platform, at two different times:
Live Shows: Shows offered on the Platform for live transmission, informed to the User on the Platform (“Shows”).
Recorded Shows: Shows available on the Platform that have already taken place and are available for viewing.
In any event, the Live and Recorded Shows will be available to the User only for online viewing, through the Platform, and Showlivre.com will not provide DVDs, flash drives, printed materials, download links, or any other recorded media, through any existing support.
Live Shows and eventual reruns do not offer certificates to participating Users, as well as any other benefits or features offered to Users who purchase the Access Plan, unless expressly informed otherwise.
2.3. Obligation to Use the Platform Correctly
When using the Platform, the User undertakes to respect the Brazilian legislation in force, as well as all the provisions of these Terms and other specific terms and regulations available on the Platform, and shall not produce, make available, disclose or transmit on the Platform and other networks. social, blog and ShowlivrePlay domain linked to the Platform, any content that:
– Is contrary to any rule of Brazilian legislation, or that encourages any form of violence, xenophobia, discrimination and/or prejudice of any nature;
– Be protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to use said content;
– Incorporate viruses or other physical or electronic elements that may cause damage or prevent the regular functioning of the Showlivre.com network and its Platform, as well as the world wide web, system or computer equipment (“hardware” and “software” ) from third parties and Showlivre.com, or that may cause damage to electronic documents and files stored on these computer equipment;
It causes, due to its characteristics (such as form, extension, etc.), difficulties in the regular functioning of the Services by Showlivre.com of the Platform.
The User acknowledges that, in any event, he will be solely responsible for the use he makes of the Platform, social networks, blogs, domains owned by Showlivre.com and linked to the Platform, as well as any content he inserts therein.
Users must not insert on the Platform, social networks, blogs, domains owned by Showlivre.com 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 has 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 in any other way that violates or contributes to the violation of the protection of intellectual property rights, among others. Showlivre.com is not responsible for the insertion of hyperlinks on the Platform, and the User is solely responsible for any hyperlink made available by him.
2.4. Intellectual property
The content made available on the Platform, such as computer programs, files, texts, icons, drawings, videos, sounds, brands, logos, layouts, teaching materials, logos, distinctive signs, algorithms, templates, images, content, photographs, graphics, links , visual and audiovisual works in general, , including the Shows (Live Shows and Recorded Shows) and works derived from them, 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 Showlivre.com, or of third parties that have granted it authorization for such use and exploitation, and are protected by international laws and treaties, their copying, reproduction, storage, transmission, exhibition, broadcasting, editing, marketing, as well as the creation and development of new works and materials derived from the Shows and other Platform content a, or any other type of use (total or partial), through any type of material support that exists today or that will exist in the future, whether analog or digital, with violators being subject to the corresponding civil and criminal sanctions, under the terms of Laws 9,279/96, 9,610/98 and 9,609/98.
All Shows that are made available to the User on the Platform are so and only as is and only for the User's information, learning and strictly personal and non-commercial use, in the manner designated by Showlivre.com. Shows may not be used, copied, reproduced, distributed, broadcast, broadcast, publicly or privately displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of Showlivre.com.
During the User's access to the Platform, Showlivre.com grants the User a non-exclusive, non-transferable and limited license for the User to access the Shows in accordance with the Access Plan acquired, and no other right, license or title is granted to the User based on his access to the Platform.
All brands, distinctive signs, trade names or logos of any kind, made available on the Platform, in the Shows and in the Content, are the property of Showlivre.com or third parties that have granted authorization for such use and exploitation, without the use of the Platform and access to the Shows and Content can be understood as authorization for the User to cite, use, explore and reproduce such brands, distinctive signs, trade names and logos.
The Artists authorized Showlivre.com to use their image, name and voice in the Live Shows and Recorded Shows, exclusively for their availability on the Platform and other social networks, blogs and domains owned by Showlivre.com and/or its partners commercials. In this way, any reproduction, transmission, placement, commercialization and improper display of the Shows made available on the Platform and other social networks, blogs and domains owned by Showlivre.com and/or its commercial partners, constitutes, in addition to the violation of property rights intellectual property, violation of the Artist's image, name and voice rights, and it is the User's sole responsibility to indemnify the Artist for breach of the provisions of these Terms, without prejudice to the repair of damages and all expenses incurred by Showlivre.com in function of the infringement.
The Access Plan is the way in which the User acquired access to the Shows during the contracted period. For the convenience of the User, the Access Plan may be automatically rehired and in accordance with the new conditions in force at the time of rehiring, provided that the automatic renewal option is maintained in your access profile, on the Platform. In the case of automatic rehiring, the payment method initially chosen will apply to the new contract. The User must express himself in advance if he wants to change the payment method when rehiring the Access Plan. The pay-per-view mode (pay for use) is also available on the Platform for the User's purchase, respecting the same payment conditions below.
Each Access Plan offered on the Platform grants access to specific Recorded Shows and Live Shows, according to the User's choice.
The User may make the payment by any of the payment methods available on 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, and Showlivre.com is not responsible for providing any clarifications in this regard and/or bearing any fees charged. .
Access to the Platform according to the Access Plan chosen will be activated for the User within 01 (one) business day, after confirmation of payment of the amount referring to the Access Plan, by the financial entity responsible for the transaction.
The User may exercise, within 07 (seven) days, counting 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 Consumer) (“Right of Repentance”), through the request for cancellation of access to the Platform and the return of the amounts paid for the Access Plan chosen in the manner provided in the item “Cancellation”.
The offers for acquiring the Access Plan, as well as the way of marketing the Access Plans (including access period, values, categories, payment methods, among others), provided for on the Platform, may be changed at any time by Showlivre. at its sole discretion.
The values of the Access Plans may change at any time. Re-contracting Access Plans after the Term Contracted under the terms of item 4 below, will also be subject to the new conditions in force at the time of renewal by the User.
4. Duration, Renewal, Cancellation and Interruption of the Access Plan
The contracting of the Access Plan will have the term informed by Showlivre.com in accordance with the offer provided for on the Platform upon acquisition by the User (“Contracted Term”).
During the Contracted Term and with the exception of the Right of Repentance, the User may cancel the Access Plan at any time, subject to the conditions and penalties provided for in item “Cancellation”.
Once the initial Contracted Term has expired, the User may renew the Access Plan contract for the period informed on the Platform, this being the new duration period ("Contracted Term"), by periodically charging the value of the Access Plan chosen by the User and in accordance with the values in effect at the time of renewal.
If the User does not want the renewal of the Access Plan contract, after the end of the Contracted Term, to be 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.
Showlivre.com may, at its own discretion, promote actions for the early renewal of the Access Plan by the User during the term of the Contract, upon acceptance by the User.
In this case, the early renewal will imply the monthly payment of the Access Plan (if it has been purchased in installments) in force and the billing of the Access Plan renewed with the new conditions, cumulatively.
After renewing the Access Plan contract, the User may cancel the contracted Access Plan at any time, subject to the conditions and penalties provided for in the “Cancellation” item.
In accordance with the conditions of these Terms, the User may request the cancellation of their Access Plan through the Customer Service channels (“Service Channel”) available on the Platform.
The cancellation request will generate a protocol number. The User must confirm their personal data and cancellation conditions through the chosen Service Channel, so that their cancellation request is validated. The cancellation date will be considered the date of confirmation of the cancellation conditions by the User through the chosen Service Channel.
The cancellation request can only be made by the User who is the holder of the registration on the Platform, even if, eventually, the User uses a third-party payment method. 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 certifies that it has not authorized the use of the payment method owned by it.
During the Contracted Term, the User may cancel his Access Plan at any time, however, he will be subject to a fine in the amount of 25% (twenty five percent) of the value of the total remaining period of the Access Plan. The effective cancellation of access will take place from the first business day of the month following the cancellation request, by charging the remaining period of the month in question, regardless of the day of the request made by the User.
Showlivre.com 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 compensation of any nature being due to the User. , by canceling charges related to the Access Plan and/or refunding any amount paid in advance, as the case may be.
Showlivre.com reserves the right to refuse or terminate, suspend or interrupt access to the Platform and/or the Access Plan, at any time and without prior notice, on its own initiative or at the request of a third party, to those Users that do not comply with these Terms, the applicable legislation, other regulations provided for in the Platform and/or represent risks or damage to the activities of Showlivre.com, the Platform and other Users and third parties.
The User acknowledges that Showlivre.com may, at any time, remove from the Platform and/or replace, change any Show without prior notice and without any compensation of any nature being due to the User by reason of such removal/replacement/ change.
In any case and in accordance with the provisions of these Terms, Showlivre.com will not refund payments already made or grant credits for periods of Access Plan partially used or for Shows not accessed by the User.
5. Exclusion of Warranties and Liability
The content of the Shows available on the Platform is developed by the Artists in conjunction with Showlivre.com, the Platform constituting the only means of communication for the Shows.
Showlivre.com will not, under any circumstances, be responsible for any damages resulting from the interruption, suspension and termination of access or failures in the functioning of the Platform, caused by third parties, acts of God or force majeure events. Likewise, Showlivre.com is not responsible for defrauding the use that Users may have attributed to the Platform, nor for any difficulty in accessing the Platform, including the functioning and quality of the User's internet network, which will be their sole responsibility. .
Showlivre.com uses the best recommended market practices to keep all data entered by the User on the Platform safe in accordance with the General Data Protection Law (LGPD). However, Showlivre.com is exempt from liability for damages of any nature that may arise from the knowledge that unauthorized third parties may have of any of the information passed on by the User, as a result of failure attributable to Users or third parties who evade the any reasonable control of Showlivre.com.
Showlivre.com does not guarantee the absence of viruses on the Platform, as well as other harmful elements that may produce changes in the Users' computer systems (software and hardware) or in the electronic documents stored in the computer system, exempting itself from any liability for damages and damages that may arise from the presence of viruses or other harmful elements on the Platform.
Showlivre.com may, at its own discretion, without prior notice, make any changes to the Platform it deems necessary, without any compensation of any nature being due to the User as a result.
Any changes, updates and maintenance on the Platform may give rise to the suspension and momentary interruption of the User's access to the Platform, without this fact implying the responsibility of Showlivre.com for any compensation of any nature to the User.
The User undertakes to defend, indemnify and exempt Showlivre.com from any liability in relation to any claim, loss, damage, costs or expenses incurred as a result of their misuse of the Platform, the Shows made available on it, for the violation of rights of intellectual property of Showlivre.com or any third parties, for the improper use of the image, name and voice of the Artists and other professionals who participate in the Shows, as well as for the violation of the provisions of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AMOUNT FOR WHICH SHOWLIVRE.COM IS LIABLE, REGARDLESS OF THE REASON FOR THE ORDER, IS LIMITED TO THE AMOUNT EVENTUALLY PAID BY THE USER TO SHOWLIVRE.COM FOR THE SERVICE PROVIDED IN THE YEAR OF OCCURRENCE, PROVIDED THAT THE ALLEGED DAMAGES ARE UNEQUIVOCABLY PROVEN.
6. General Provisions
If any part of these Terms is held to be invalid or unenforceable, such portion shall be interpreted in a manner consistent with applicable law to reflect, as far as possible, the original intent of Showlivre.com and Users, and the remaining provisions will remain in full force and effect.
Sowlivre.com's failure to enforce any rights or provisions of these Terms will not constitute a waiver, and it may regularly exercise its right within the legal deadlines.
Showlivre.com may, at any time, assign or transfer, in any capacity, the rights and obligations set forth in these Terms and the contractual relationship between the User and Showlivre.com.
These Terms may be modified and/or amended from time to time, in whole or in part, by Showlivre.com without prior notice. Thus, the User is recommended to read the provisions contained in these Terms on a recurring basis. By using the Platform after such changes, the User is consenting to the revised version of these Terms.
All notifications and communications (hereinafter, the “Notifications”) by the User to Showlivre.com are considered effective, for all purposes, when they are addressed to the electronic address, informed on the Platform.
All notifications and communications (hereinafter, the “Notifications”) by Showlivre.com to the User will be considered effective, for all purposes, when they are carried out in one of the following ways:
Sending a letter to the User's domicile when the User has provided Showlivre.com with a valid address;
Sending a message by electronic mail to any of the addresses provided by the User;
8. Legislation and Forum
These Terms will be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of these laws with the laws of other states or countries, and the Court of the User's place of residence, in Brazil, is competent to resolve any doubts. arising from these Terms. The User expressly consents to the competence of this court, and waives, in this act, the competence of any other forum, however privileged it may be or will be.